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(영문) 수원지방법원 2018.11.22 2018노5371
협박
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the defendant reflects his mistake, the punishment of the court below (6 months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. That the board is that the defendant, who is a minor, photograph and disseminates a sexually related video with the victim;

The fact that the victim's sexual intercourse was threatened, and the victim's sexual intercourse was demanded, and the nature of the crime is not good, and the victim's mental damage caused by the crime of this case seems to have occurred, etc. are disadvantageous to the defendant.

On the other hand, the fact that the defendant appears to reflect his mistake, that the family of the defendant does not keep the defendant from repeating the crime, that the defendant is seeking a preference against the defendant, and that the defendant has no record of punishment of suspension of qualification or heavier punishment.

In full view of the aforementioned circumstances and other conditions of sentencing, including the Defendant’s age, sex, environment, relationship with the victim, and criminal background, the sentence imposed by the lower court is deemed appropriate, and is too heavy, or is too low and thus unreasonable.

3. The appeal of this case by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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