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(영문) 서울동부지방법원 2015.12.17 2015노1054
협박등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the punishment imposed by the court below (the imprisonment for six months and forty hours) is too unreasonable and unfair.

2. The circumstances favorable to the defendant include: (a) there is no record of criminal punishment beyond the fine imposed on the defendant; (b) the confession, reflect, and not repeating the instant crime; and (c) deposit KRW 1.2 million for the recovery of damage.

On the other hand, the crime of this case is a situation unfavorable to the defendant, such as the intimidation of the victim over 18 times during the period exceeding one month, the transmission of the victim's b body pictures over 22 times, and the nature of the crime is very poor, the victim was unable to agree with the victim even though the victim was seriously suffering from mental pain, and there was no sufficient measure to recover from damage, and there was no change in circumstances that the court below should change the punishment imposed in the trial.

In light of the above circumstances and other conditions of sentencing as stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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