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(영문) 서울중앙지방법원 2014.01.09 2013노3816
협박
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 500,00) imposed by the lower court is too unreasonable.

2. There are extenuating circumstances in view of the fact that the Defendant recognized his mistake and reflects the Defendant’s decision on the grounds of appeal, and that E, which the Defendant had aided from the victim, etc., appears to have committed the instant crime as he was subject to collective harassment.

On the other hand, on the other hand, the defendant selected an easy method to find a proper solution, and gave another person another person's wound, which is difficult to be socially acceptable, as well as acts that are not helpful to resolve school violence problems. The court below seems to have already decided a punishment by reducing a fine of KRW 700,000 by taking into account the above favorable circumstances of the defendant. There are no special circumstances or changes in circumstances that may be considered newly after the decision of the court below. In full view of the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and other various circumstances that form the conditions for sentencing as shown in the arguments and records of this case, such as the defendant's age, character and behavior, environment, motive and consequence of the crime, etc., the defendant's argument is not acceptable, and thus, it is not recognized that the sentencing of the court below is unreasonable.

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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