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(영문) 대구지방법원 2020.10.29 2019노5161
특수협박
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) imposed by the court below on the defendant is too unreasonable.

2. The judgment of the defendant recognized the crime of this case and against the mistake, and the crime of this case is not intended to directly threaten the victim. In light of the attitude of the act of special intimidation of the same kind, it is somewhat minor that the contents of the crime are insignificant, and that the victim was deprived immediately after the case, and that the victim did not want the punishment of the defendant is favorable to the defendant.

However, in full view of the following facts: (a) the Defendant had the record of criminal punishment heavier than that of suspended sentence for the same violent crime; and (b) the Defendant committed the instant crime without being aware of the fact that he/she committed the repeated crime even during the period of repeated crime; and (c) other circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, motive, circumstance, means and consequence of the crime; and (d) new circumstances or special changes that are likely to be reflected in sentencing after the sentence of the lower judgment

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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