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(영문) 서울동부지방법원 2016.11.25 2016노920
특수협박
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (five million won of fine) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. The fact that the defendant's judgment only agreed with the victim that the victim did not punish the defendant can be considered as sentencing materials favorable to the defendant.

However, the defendant's crime of this case shows his attitude as a kitchen knife on the ground that the victim's speech is not comfortable, and the crime of this case is not exceptionally against the nature and result of the crime in light of the contents and result of the crime.

Defendant has been punished for violent crimes several times.

In this regard, the sentence of the court below is not harsh when comprehensively considering all the sentencing conditions shown in the records and arguments such as the defendant's age, character and conduct, environment, etc.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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