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(영문) 전주지방법원 2016.06.17 2016노140
특수협박
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment, two years of suspended sentence, and 120 hours of community service order) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant crime and reflects the mistake in depth; (b) the fact that the Defendant appears to have been under stress due to stress by side noise; and (c) deposit KRW 300,000 for the victims’ recovery from damage, etc.

On the other hand, the crime of this case is a situation unfavorable to the defendant, such as the following facts: (a) the defendant's knife and excessive knife, which is a dangerous object, and the victim's intimidation; (b) the defendant has been subject to criminal punishment twice for the same crime; and (c) the defendant's children who observed the scene as well as the victims appears to have been subject to considerable mental shock.

In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, the Defendant’s assertion is without merit.

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

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