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(영문) 부산지방법원 2016.05.27 2016노568
특수협박
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unreasonable.

2. It is recognized that the defendant recognized the crime of this case and reflects the wrong fact, the defendant's agreement with the victim D at the court below that the damaged person does not want the punishment of the defendant, and the defendant's basic living beneficiary whose economic situation is not sufficient.

However, the crime of this case was committed by the Defendant’s intimidation with the victim’s words, such as “sustains death,” and the method and circumstances leading up to the crime, and the case was not weak in light of the method and circumstances of the crime. The Defendant sent the victim with a knife on the day of the instant case while drinking, without any particular reason, while under the influence of alcohol, and the Defendant used the knife and threatened the victim with the same crime. The Defendant had a history of punishment several times due to the same crime, and the Defendant’s age, environment, the background leading to the instant crime, and the circumstances before and after the instant crime, etc., were comprehensively taken into account, the lower court’s punishment is too unreasonable.

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

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