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(영문) 울산지방법원 2020.11.13 2020노1116
특수협박등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. As to the grounds for appeal, the fact that the defendant, who made a judgment on the grounds for appeal, reflects his fault and does not repeat again, is more favorable to the defendant that the defendant does not want the punishment of the defendant by mutual consent with the victim.

On the other hand, the Defendant committed a second offense despite the majority of the records of punishment for the same kind of violent crime. In particular, the Defendant committed the instant crime during the period of repeated crime after having been sentenced to a punishment for the immediately preceding crime, and the Defendant’s commission of the crime is dangerous, and the motive and circumstances leading to the crime are not good.

In addition, in full view of the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and all of the sentencing factors indicated in the instant records and pleadings, such as the circumstances after the crime was committed, the lower court’s sentence is too unreasonable.

Therefore, 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 ground that it is without merit. It is so decided as per Disposition.

[Judgment of the court below is erroneous in the evaluation of the number of crimes committed by special intimidation and interference with business between the crime and the crime of interference with business, but since there is no difference in the scope of the punishment, it does not reverse the judgment of the court below on this ground (see, e.g., Supreme Court Decision 2002Do7335, Feb. 28, 2003). However, Articles 2, 6 through 7 of the judgment of the court below are as follows: (a) up to 2, 2, 2, 3, 2, 3, 2: (b) up to 1, 2, 2, 257(1) of the Criminal Act; (c) the relevant law on the crime; (d) up to 2, 2, 3, 2, 3, 2, 3, 314 of the Criminal Act.

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