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(영문) 부산지방법원 2016.08.19 2016노1732
협박
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The reasoning of the appeal is that the lower court’s punishment (five million won in a penalty) is too heavy or unhued and unreasonable.

2. Determination of the crime of this case is acknowledged in the following circumstances: (a) the Defendant, by telephone, threatened the victim’s life and body, and the case was not less light; (b) the Defendant had been punished several times due to the same kind of crime; and (c) the Defendant failed to agree with the victim up to the trial; and (d) the victimized person sought the punishment of the Defendant.

However, prior to the crime of this case, the circumstances such as the fact that the Defendant recognized the crime of this case, and the Defendant’s vehicle driving the victim’s wife H was damaged by shocking the Defendant’s vehicle of female-friendly Gu E, and that the Defendant was forced to contact the victim and call the victim for the compensation for damages, but was rejected, and that the Defendant committed the crime of this case, and that there was a circumstance to consider the background of the crime of this case.

Considering the above circumstances comprehensively taking into account the Defendant’s age, environment, family relationship, background leading to the instant crime, and circumstances before and after the instant crime, etc., the lower court’s punishment is too heavy or unfasible and unreasonable.

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

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