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(영문) 서울동부지방법원 2016.11.04 2016노1341
특수협박등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The fact that the Defendant agreed with the victim E is not punishable by the victim E can be considered as sentencing materials favorable to the Defendant.

However, the Defendant’s crime of this case, on the ground that it was extremely minor, threatens the victim’s knife and knife with the victim’s knife with the victim’s knife with the victim’s knife with the victim’s knife and next knife with the victim’s knife, avoided the disturbance in the restaurant while the investigation is in progress, obstructed the business, and took a knife,

On August 3, 2015, the Defendant was sentenced to ten months of imprisonment due to indecent act by force, insult, etc. in the year 2015 and committed each of the crimes of this case even during the period of repeated crimes after the execution of the sentence was completed.

In addition, 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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