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(영문) 수원지방법원 2019.03.25 2018노8134
특수존속협박
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s assertion of unfair sentencing is against his own behavior in depth, and there is no record of punishment, when he is 19 years of age, hospitalized treatment at a mental hospital.

The victim expressed his intention not to be punished against the defendant.

In light of this, the punishment sentenced by the court below (eight months of imprisonment) is too unreasonable.

B. The Defendant of the Prosecutor’s assertion of unfair sentencing committed assault and intimidation against the victim, who is his father, several times, and threatened the victim with a knife, who was sent as a home protection case.

Family members of the defendant demand a strict punishment against the defendant.

The defendant recognized a crime in the court of the court below, but consistently denied it in an investigative agency.

In light of this, the punishment sentenced by the court below (eight months of imprisonment) is too unhued and unfair.

2. The Defendant cited a knife and threatened the victim who is his father.

Although the defendant has been investigated for the reason that he assaulted the victim who is his father, he committed the crime of this case.

On the other hand, the defendant acknowledges his mistake.

The victim expressed his intention not to punish the defendant in the first instance.

Defendant has no record of punishment.

In addition to these circumstances, comprehensively taking account of various sentencing conditions as shown in the instant pleadings, such as the Defendant’s age, character and conduct, environment, motive and consequence of the crime, and circumstances after the crime, etc., the sentence imposed by the court below is deemed appropriate and is too heavy or too unreasonable. Thus, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed as it is without merit. It is so decided as per Disposition.

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