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(영문) 대전지방법원 2019.07.18 2019노1198
공갈등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The lower court’s imprisonment (two years and six months of imprisonment) is too unreasonable.

2. As stated in the reasoning of the lower judgment, the lower court determined the Defendant’s sentencing by fully taking account of the overall circumstances regarding the Defendant’s sentencing, and considering the records of the instant case and various sentencing conditions expressed in the trial process, the lower court’s sentencing did not appear to have exceeded the reasonable scope of discretion, and there is no change in the new sentencing conditions that can be deemed unfair to maintain the lower court’s sentencing as it is in the trial.

(A) Although the Defendant made a confession of intimidation and assault against the 2019 Godan150 case, which was denied by the lower court in the first instance trial, this cannot be viewed as a change in circumstances that could change the sentencing of the lower court). Therefore, it is not recognized that the lower court’s punishment is too unreasonable.

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

[However, ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure, the application of the judgment of the court below shall be corrected by adding "Articles 40 and 50 (Mutual Crimes of Intimidation) of the Criminal Procedure Act" to four in the column of application of the law of the court below.

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