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(영문) 청주지방법원 2016.10.07 2016노686
공갈등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the first offense: imprisonment with prison labor for four months, and the second offense: imprisonment with prison labor for eight months) declared by the court below is too unreasonable.

2. The lower court determined the Defendant’s punishment by taking account of the following circumstances confirmed through the entire records and the purport of the pleading.

The favorable circumstances: ① The defendant led to the confession and reflect of each of the crimes in this case; ② the normal circumstances that the defendant could have received judgment simultaneously with the crime of obstruction of execution of official duties that became final and conclusive: ① the defendant committed each of the crimes in this case without being subject to punishment several times due to violent crimes, etc.; ② the crime in this case was committed during the suspension period of execution due to the crime of obstruction of execution of official duties, etc. (after the delivery of a copy of indictment to the defendant himself); ② the crime in this case was committed again during the suspension period of execution due to the crime of obstruction of execution of official duties, etc. (after the delivery of a copy of indictment to the defendant himself). Nevertheless, the crime in this case committed the second crime in this case during the first crime period (after the delivery of a copy of indictment to the defendant himself), and there was no change in the sentencing conditions compared with the original judgment, and considering the other matters, statutory penalty, sentencing guidelines, etc. which are the conditions for sentencing, the sentencing of the court below cannot be found to be unfair.

Therefore, we cannot accept the defendant's argument during the sentencing.

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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