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(영문) 대구지방법원 2018.07.19 2018노1774
특수협박등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below (one year and six months of imprisonment, confiscation) is too unhued and unfair.

B. The sentence imposed by the Defendant by the lower court is too unreasonable.

2. In addition to the judgment prosecutor and the defendant's respective arguments about the sentencing, the court below had the record of having been punished several times as a similar crime against the same victim;

In addition, the Defendant committed each of the crimes of this case even during the period of repeated crime, and the Defendant continued to intrude upon the house of the victims who are his parents under the pretext of identifying the place where C lives, and threatened them with the victim's timber or chests, etc., which are highly high risk in light of the motive for the crime, instrument and method of the crime, and the fact that the Defendant is not being able to take advantage of the victims, etc., the Defendant is able to recognize and not repeat all of the crimes, and the Defendant committed the crime under the mental and physical weakness due to early illness, and sentenced the above punishment, respectively, by taking account of favorable circumstances, such as the fact that the Defendant committed the crime in a state of mental and physical weakness due to early illness.

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance of it is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, as the prosecutor asserts, it cannot be deemed unfair because the sentence imposed by the lower court is too unreasonable, or is too unreasonable as the Defendant asserts, and thus, the above assertion by the prosecutor and the Defendant.

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