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(영문) 수원지방법원 2016.10.07 2016노5420
특수협박
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The favorable circumstance is that the determination of the crime is recognized.

However, there is no particular reason to believe that the act of intimidation was committed in a dangerous way without any justifiable reason, that the victim seems to have been threatening to life due to the above intimidation, that the victim was punished, that there was a criminal record of violent crime exceeding 20 times, and that the victim again committed the crime of this case during the period of repeated crime according to the criminal record of violent crime.

In addition, considering the motive and background of the crime, the circumstances after the crime, the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the arguments, the sentence of the court below cannot be deemed to be too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

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