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(영문) 부산지방법원 2013.11.07 2013노2768
특수협박등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the lower court (one million won of fine) is too unreasonable.

Judgment

In light of the circumstances that are favorable to the defendant, such as the fact that the defendant made a confession of all the crimes of this case, the defendant did not have a gas gun actually, the victim wanted the defendant's wife, and the defendant suffers from disease such as personality disorder and shock disorder, etc., but the crime of this case shows a gun-shaped gas gun in possession on the ground that the defendant was under trial, and the crime of this case is under intimidation, and the nature of the crime is not easy. The defendant had a record of being subject to criminal punishment several times prior to the crime of this case, the amount of fine for summary order (2 million won) has already been reduced considerably in consideration of the circumstances favorable to the defendant, and other factors that are conditions for the punishment specified in the records and arguments of this case such as motive and circumstance of the crime of this case, the defendant's age after the crime of this case, the defendant's personality disorder, character and behavior, environment, etc., it cannot be said that the sentencing of the court below is heavy.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal. It is so decided as per Disposition.

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