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(영문) 대전지방법원 2015.04.22 2014노2748
협박
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 1,00,000) imposed by the court below on the defendant is too unreasonable.

2. The fact that the Defendant led to the trial of the lower court that led to the confession of the instant crime and reflects his mistake, and that there appears to be a circumstance that the Defendant attempted to kill the victim, etc. is favorable to the Defendant.

However, the fact that the victim seems to have suffered a considerable mental shock, that the victim wants to punish the defendant, and that the defendant has been punished once in the past, it is disadvantageous to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the circumstances and motive, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the records and arguments, the lower court’s sentence is too unreasonable, and thus, the Defendant’s allegation of unfair sentencing is not acceptable.

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

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