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(영문) 인천지방법원 2017.03.23 2016노3037
특수협박
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (unfair sentencing) by the lower court, the Defendant asserts that the Defendant is too unfasible, and that the prosecutor is too unfasible and unfair.

2. The crime of this case was committed by the defendant due to the violation of the Punishment of Minor Offenses Act by the victim. However, the defendant recognized the crime of this case and made intimidation on the victim's chest part of the chest. The defendant did not have a big damage to the victim, and the victim did not want the punishment of the defendant by mutual consent with the victim. The defendant's health condition is not good.

On the other hand, the defendant has a record of being punished several times due to violent crimes, and the defendant's act was committed in this case without being aware of it even during the suspension of execution due to violent crimes, and the nature of such crime is not good. In light of the motive and method of the crime in this case, the defendant's act could have been causing considerable harm to the victim, and there is a need to punish the defendant solemnly.

In full view of the above circumstances and other circumstances, including the Defendant’s age, sexual conduct, motive, means, and consequence of the instant crime, and the circumstances after the commission of the crime, it does not seem that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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