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(영문) 창원지방법원 2017.09.14 2017노1499
특수협박등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the defendant's punishment (one-year imprisonment) of the judgment of the court below against the summary of the grounds for appeal is too unfasible, and the prosecutor is too unfased and unfair.

2. In light of the following facts: (a) the judgment of the court; (b) the Defendant recognized the Defendant’s mistake and reflects it; (c) the Defendant did not have the same criminal record; (d) the victims did not recover from damage; (e) the Defendant was a criminal act during the period of repeated crime; and (e) the Defendant and the victim were dead, the degree of injury or assault and intimidation is disadvantageous.

In full view of all the above sentencing factors, considering the Defendant’s age, sex, career, family relation, economic situation, background and motive leading up to the commission of the crime, circumstances after the commission of the crime, and other factors pertaining to the sentencing indicated in the records and arguments on the change of circumstances, the judgment of the court below’s punishment is deemed appropriate and there is no change of circumstances to be considered in the trial, and thus the Defendant and the Prosecutor’s assertion is without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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