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(영문) 부산지방법원 2018.10.24 2018노2790
특수협박
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant, misunderstanding of facts, found the victim’s house, there was no fact of intimidation by citing a knife.

B. The punishment sentenced by the lower court (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, and the community service order80 hours) is too heavy.

2. Determination

A. According to the evidence duly adopted and examined by the court below including the victim D and the victim's written statement of police about the victim's type E and the knific photo used for committing the crime, it is recognized that the defendant threatened the victim by using a knife as stated in the facts charged in this case (the defendant led to confession of the facts charged in this case at the court below). Accordingly, this part of the defendant's assertion cannot be accepted.

B. In full view of all the circumstances, such as the Defendant’s age character and intelligence environment, the motive and means of committing the crime, the consequence of the crime, and the circumstances after committing the crime, etc., the lower court’s sentencing judgment exceeded the reasonable bounds of its discretion, in light of the following factors: (a) the lower court’s favorable circumstances (excluding the previous conviction due to conscientious objection, and the fact that there was no criminal record exceeding the fine, except for the criminal records, and the child with a delay being neglected); (b) and (c) unfavorable circumstances (the crime of this case was committed with a deadly weapon on the new wall and thus, the crime of this case is not highly likely to be committed; and (d) the Defendant’

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant’s assertion is without merit.

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

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