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(영문) 서울중앙지방법원 2017.07.14 2017노1391
특수협박등
Text

The defendant's appeal is dismissed.

Reasons

1. The first deliberation penalty (in the event of imprisonment with prison labor for 8 months) of the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. In full view of the various circumstances that are disadvantageous to the Defendant as indicated in the “reason for Sentencing” column, including the Defendant’s age, sexual conduct, environment, health status, family relationship, motive, means and consequence of the crime, and circumstances after the crime, it is difficult to deem that the first instance sentence is too excessive to exceed the scope of discretion and is unfair.

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

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