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(영문) 수원지방법원 2017.12.07 2017노7384
특수협박등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (10 months of imprisonment, 10 months of confiscation) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized all of the crimes of this case and reflected, and that the former spouse D of the defendant as the victim of a special intimidation does not want punishment against the defendant.

However, the crime of this case is very poor in light of the risk of the act and the circumstances leading up to the crime, etc., as it was caused by assault by a police officer dispatched after receiving a report.

In addition, the defendant is a majority of criminal records, including criminal records, who were punished by violence, etc.; the defendant committed each of the crimes of this case during the repeated crime period; the defendant deposited KRW 500,000 for the victim police officers in the trial of the political party; however, in light of the legal interests and protection of the crime of obstructing the performance of official duties and the degree of assault used by the defendant, it is difficult to regard it as an important change of circumstances to the extent of changing the sentencing of the court below; and in full view of all the sentencing conditions such as the defendant's age, sex behavior, environment, family relationship, motive, and circumstances after the crime, the court below's punishment is too too too unreasonable, and thus, the defendant's assertion

3. In conclusion, 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. It is so decided as per Disposition.

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