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(영문) 서울북부지방법원 2016.05.10 2016노149
협박
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 1.5 million) is too unreasonable.

2. It is recognized that the defendant recognized all of his crime, and the defendant committed the crime of this case with the victim by parking a vehicle in the defendant parking zone, and that the defendant committed the crime of this case contingently, and that the defendant is old and economically difficult.

However, in full view of the following factors: (a) the Defendant’s act of causing a threat by taking the head of the victim’s body in the form of gas guns is not easy; (b) the Defendant’s act of causing a threat is reduced by the amount of a fine exceeding the first summary order issued in the original trial proceeding upon filing an application for formal trial; and (c) there are no extraordinary circumstances or changes in circumstances that may newly consider the sentencing in the first instance trial; and (d) other factors of sentencing as indicated in the instant records and arguments, such as the Defendant’s character and behavior, health conditions, motive and circumstance of the crime, and circumstances after the crime, etc., the lower court’s sentencing was conducted within the reasonable scope of discretion, and thus, cannot be deemed unfair because

Therefore, the defendant's argument of sentencing is not accepted.

3. 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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