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(영문) 춘천지방법원 강릉지원 2017.09.28 2017노311
특수협박등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant: (b) the Defendant’s mistake was divided and reflected; (c) the victim wanted the Defendant’s wife; and (d) the instant crime was related to quasi-rape, etc. established on March 15, 2017 and the crime of quasi-rape, etc. established on March 15, 2017; and (b) it is necessary to determine punishment in consideration of equity with the case where the judgment is rendered simultaneously under Article 39(1)

However, the Defendant had been sentenced to suspension of indictment due to an injury to the same victim in the past, and again, was subject to suspension of execution by committing a special injury to the same victim.

However, it is difficult to keep the Defendant in charge of the instant crime even if he/she had committed the instant crime even without being aware of it during the grace period, because he/she again committed the instant crime.

In addition, considering various sentencing conditions shown in the records and arguments, such as the age, character and environment of the defendant and circumstances before and after the crime, the sentence of the court below against the defendant 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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