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(영문) 부산지방법원 2017.12.15 2017노3664
협박등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (10 months of imprisonment) is too unreasonable.

2. The circumstances are acknowledged, such as the fact that the Defendant erred, each of the instant crimes appears to have been committed in the state of main action, the victim D did not agree, but the victim G did not want punishment.

However, not only the defendant has been convicted of 20 violence, but also has been subject to a disposition of suspension of indictment on several occasions during the protection and observation period due to violence, interference with work, etc., and each of the crimes of this case has been committed. Even based on the details of protection observation, etc., the primary violence problem of the defendant is serious, and serious warning and correction are likely to spread the criminal tendency.

In addition, taking account of various circumstances that are the conditions for sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, and whether the Defendant has endeavored to recover damage, the lower court’s sentence cannot be deemed unfair because it is too unreasonable.

Therefore, the defendant's argument of sentencing 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 groundless.

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