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(영문) 의정부지방법원 2017.09.20 2017노1967
협박등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The lower court dismissed the prosecution against the Defendant regarding intimidation among the facts charged in the instant case, and convicted the Defendant as to the remainder of the facts charged (with no accusation).

Therefore, the defendant appealed against the guilty portion, and the prosecutor also appealed against the guilty portion and did not appeal against the dismissed portion of the public prosecution. Since the dismissal part of the judgment below is separate and confirmed, the scope of the judgment of this court is limited to the conviction part of the judgment below.

2. Summary of grounds for appeal;

A. The sentence imposed by the lower court (eight months of imprisonment) is so excessive that it is unfair (the Defendant explicitly withdraws the assertion of misunderstanding of facts and of misunderstanding of legal principles on the second trial date). B. The sentence imposed by the lower court is too uneasible and unfair.

3. Comprehensively taking account of the circumstances revealed by the lower court in the grounds for sentencing and all the sentencing conditions shown in the records and arguments of this case, the lower court’s sentencing is determined to be proper by fully considering the various sentencing grounds asserted by the Defendant and the Prosecutor, and it does not seem to be too heavy or too low, and there are no other special circumstances to the extent that the above punishment would be changed. Therefore, each of the above unfair sentencing arguments by the Defendant and the Prosecutor are without merit.

4. The conclusion is that the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act: Provided, That the crime of the judgment below from 3 to 6 acts of the judgment below to 4 acts is legally divorced, but a de facto marriage relationship is maintained due to the problem of raising children, etc." is "D (the defendant and D are legally divorced, but they are de facto marital relations as a matter of raising children, etc.).

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