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(영문) 대구지방법원 2017.09.22 2017노3427
협박등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (a year and six months of imprisonment, 40 hours of order to complete a program, 10 years of registration of personal information, 3 years of order of disclosure notification, confiscation) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. As to each of the unlawful arguments of sentencing by the Defendant and the prosecutor, we examine the following: (a) the Defendant denied some of the crimes at the lower court (2017 order 2396 case); and (b) the Defendant recognized all of the facts charged in the instant case and opposed to his mistake; and (c) the degree of injury and assault was particularly serious.

In light of the favorable circumstances, such as the fact that it is difficult to see the nature of each of the instant crimes in light of the background of the crime, the background of the crime, the method of the crime, etc., and the Defendant committed the instant crimes at approximately one month after release without being aware of the repeated crime even though he/she was punished several times by larceny, etc., in particular, the obscene crime using the communications media committed again during the repeated crime due to the same kind of crime, including the Defendant’s criminal conviction, and each criminal conviction committed by the same kind of crime, and the Defendant has a record of criminal punishment more than 10 times, and the Defendant did not agree with the victims or take any specific measures to recover from damage, and other unfavorable factors such as the Defendant’s age, sexual behavior, environment, family relationship, and circumstances after the crime, etc., it is not recognized that the lower court’s punishment is too heavy or unfair, taking into account all the sentencing conditions as shown in the records and arguments of the instant case, and thus, the allegation by the Defendant and the prosecutor is without merit.

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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