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(영문) 의정부지방법원 2018.06.11 2018노1161
공갈등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below's scope of judgment in this Court is dismissed as to each assault against the victim F among the facts charged in this case, and the remaining facts charged were convicted, and since the part of rejection of the above indictment which the defendant appealed only against the conviction and the prosecutor did not appeal is finalized, the scope of judgment in this Court is limited to the part which the court below found guilty.

2. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two months of imprisonment) is too unreasonable.

3. The circumstances favorable to the defendant are that the defendant recognized each of the crimes of this case and reflected, and that the defendant does not want punishment against the defendant in the victim's side by mutual consent with the victim F and the legal representative.

However, each of the crimes of this case is highly likely to have committed the crime of joint confinement and attack against the victim who is a minor. The victim seems to have suffered a considerable mental shock due to each of the crimes of this case, and each of the crimes of this case without being aware of the fact that each of the crimes of this case was committed during the suspension period of execution due to special larceny, and other circumstances that are the conditions for the sentencing of this case as indicated in the records, such as the defendant's age, sex, conduct, environment, circumstances surrounding the crime, circumstances after the crime, etc., are comprehensively taken into account, the sentence of the court below is deemed to be proper and too unreasonable. Thus, the defendant's argument about the sentencing of this case is without merit.

4. 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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