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(영문) 울산지방법원 2016.07.22 2016노779
특수협박
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, confiscation) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized his mistake and reflects the fact that the Defendant was in a state of mental or physical weakness by drinking while committing the instant crime; and (b) the fact that the Defendant is a person with a disability of grade IV, such as the real name of one eye due to a traffic accident in the past.

However, the crime of this case is not good in light of the circumstance leading up to the crime or the method of the crime, etc., which is a kitchen, which is a dangerous thing without any particular reason, and even though it appears that the victim had suffered considerable mental impulse, the crime of this case does not reach an agreement with the victim up to the time of the trial, and the past criminal punishment was not made up of the past. In particular, on September 25, 2008, the Busan High Court sentenced to seven years of imprisonment for murder and went back after being released on September 30, 2014, and again committed the crime of this case within the period of repeated crime even after the period of parole was expired on April 16, 2015, and the defendant's age, sex, sex, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime, and thus, it cannot be accepted that the punishment of the defendant was unfair.

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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