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(영문) 서울남부지방법원 2018.02.08 2016노1697
협박
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the victim’s complaint alleged by misunderstanding of the legal doctrine was made with retaliation, malicious, or beyond the period of filing a complaint, the indictment of this case is not infinitely legal.

B. Even if the facts charged of this case were found guilty, the punishment sentenced by the court below (amounting to 500,000 won) is too unreasonable in light of the circumstances of the case, etc.

2. Determination

A. The crime of intimidation in judgment on the assertion of misapprehension of the legal doctrine does not require the victim to have a lawful filing of a prosecution for the crime of non-competence against the victim, nor does the victim have a limit on the period of filing a complaint, and there is no circumstance to deem the victim's complaint as illegal.

The defendant's assertion of misapprehension of the legal principles is without merit.

B. There are no special circumstances or changes in circumstances that may be newly considered after the decision of the court below on the unfair argument of sentencing.

Even when considering the economic situation and health conditions of the defendant in favorable circumstances, considering all the sentencing circumstances in the instant records and arguments, including the level of the statement made by the defendant, including the defendant's age, sexual conduct, environment, and motive for committing the crime, the lower court's punishment is not determined to have exceeded the reasonable scope of discretion because it is too large.

The defendant's argument of sentencing is without merit.

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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