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(영문) 수원지방법원 2017.07.07 2017노2690
공갈등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The lower court sentenced one year and six months to the Defendant, taking into account the circumstances favorable to the Defendant, the circumstances favorable to the Defendant, and the recommended sentencing guidelines of the Supreme Court sentencing committee.

The judgment of the court below exceeded the reasonable bounds of discretion in light of the following factors: (a) the conditions for the sentencing in the trial; (b) the damage has not been restored to the present time; and (c) the fact that no agreement has been reached with the victim; and (d) the sentencing guidelines have been taken into account.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be considered, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unreasonable, considering the following factors: the Defendant’s age, sex, family relationship, etc. after the instant crime.

Therefore, the defendant's assertion is without merit.

3. 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.

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