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(영문) 울산지방법원 2019.01.25 2018노1178
특수협박
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (three million won of fine) is too unreasonable.

2. The judgment of the court below did not have any circumstances favorable to the defendant, such as recognizing the crime of this case when the defendant was at the trial, and the defendant was the first offender. However, the crime of this case was committed by carrying a knife, which is a dangerous object of the defendant, and threatening the victim, and the crime of this case is considerably poor in its nature in light of the motive, mode, risk, etc. of the crime, and the victim seems to have caused serious fear of fear during the victim's intimidation from the defendant who was in a dangerous weapon. Domestic violence is caused by violence which is most closely and relatively close to his family, and it is difficult to predict at any time from the victim's perspective that it is difficult for the victim to avoid the perpetrator's dailyization. Since the possibility of criticism and the necessity of punishment is higher than that of other violence similar to that of the victim, it cannot be viewed that the defendant's age, family relation, criminal record, character and behavior, environment, means and method of the crime, motive and circumstance of the crime of this case, etc. are unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

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