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(영문) 서울북부지방법원 2017.05.30 2017노286
특수협박
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The fact that the Defendant recognized the instant crime is favorable to the Defendant.

However, according to the following circumstances, the lower court’s sentencing is too unhued and unreasonable.

① On July 8, 2015, the Defendant was sentenced to a suspended sentence of two years and a suspended sentence at the time of committing the instant crime by committing a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) at the Seoul Northern District Court, for eight months.

The crime of the above case was committed on June 8, 2014 by the defendant, which is an object dangerous at his own house, and was committed on January 3, 2015 with a knife knife knife knife (20cc in length, 30cc in total length), with his own knife, with his knife knife knife (20cc in length, 35cm in total length) and then by threatening the defendant's knife knife in his knife (20cc in knife, knife knife knife knife knife knife knife knife knife knife knife k

② On April 28, 2016, when the Defendant was sentenced to suspended execution and protection due to the above criminal facts, the Defendant used a knife (17cm in blade, 17cm in knife and 13cm in knife) which is a dangerous object at the Defendant’s house, and used a knife on several occasions, and used a knife in order to protect the victimized children’s head, and threatened the victimized children, and was issued a protective disposition by the Seoul Family Court on September 29, 2016.

③ After committing the crime of this case, the crime of this case was threatened by the excessive use, which is an article dangerous to the defendant’s wife, at approximately three months after committing the crime. In light of the above defendant’s act, the defendant seems to have a habitive wall for the crime of domestic violence.

(4) The defendant is a victim on October 28, 2016.

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