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(영문) 서울북부지방법원 2016.09.02 2016노1139
특수협박등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed on the defendant by the court of original judgment (the imprisonment of eight months and confiscation) is too unreasonable.

(b) The sentence imposed on the Defendant by the prosecutor and the lower court is too unhued and unreasonable;

2. The instant crime appears to have been committed by the Defendant by assaulting the victims of her age who did not have any original relationship under the influence of alcohol by drinking and selling, threatening them with food, or threatening them to display them. It seems that the risk of the instant act was high, and that the fear of fear was high, and that the victims were caught.

Nevertheless, there has been no particular recovery of damage until now, and it has not been used by victims.

Such circumstances are disadvantageous to the defendant.

On the other hand, the fact that the defendant seems to be able to commit a crime by contingency while under the influence of alcohol, the fact that there was no injury by the food knife held by the defendant, and the fact that the defendant's mistake was recognized in the course of the trial and is against all his own mistake is considered as favorable to the defendant

In light of these circumstances, in full view of all the conditions of sentencing as shown in the pleadings of the instant case, such as the Defendant’s age, character and conduct, and environment, it is not deemed that the lower court’s sentence against the Defendant is too heavy or too unreasonable.

3. According to the conclusion, the appeal filed by the defendant and the prosecutor is all groundless and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act

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