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(영문) 전주지방법원 2016.11.11 2016노1262
특수존속협박등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a maximum of one year and six years) of the lower court is too unreasonable.

2. The judgment has no record of criminal punishment before the defendant was a juvenile of 17 years old, the fact that the defendant recognized the crime of this case and reflects the wrongness thereof, the victims do not want the punishment of the defendant, the victims deposited KRW 50,000 for the recovery of damage to public goods in the first instance trial, and the defendant's family wanted to have the defendant's prior wife clearly.

On the other hand, the crime of this case is an unfavorable circumstance to the defendant, such as the following: (a) the defendant uses a dangerous object, threatens grandparents who are the victims; and (b) it is not good to the quality of the crime; (c) the defendant has already been subject to a protective disposition four times due to a special injury crime, etc.; (d) the defendant has a history of being subject to a protective disposition four times due to a special injury crime; and (e) the defendant committed the crime of this case without being aware of it during the probation period due to the same kind of crime; and (d) the defendant has been subject to a disposition due to the reason that he committed a serious crime and was a minor, even before several times; and (e) D and E, who are the victims of the crime of this case, are pro-parents supporting the defendant, and thus, are vulnerable to the crime

In full view of the above circumstances and other circumstances, the Defendant’s age, character and conduct, environment, etc. as well as the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

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

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