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(영문) 대구지방법원 2015.06.04 2015노742
폭력행위등처벌에관한법률위반(상습협박)등
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the court below (one year of imprisonment) is too large and unreasonable;

Defendant

In addition, the defendant's defense counsel argues that "the defendant has not expressed any desire to, or threatened the victims as stated in the facts charged in the original judgment." However, such argument cannot be a legitimate ground for appeal as it was filed after the lapse of the period for submitting the statement of grounds for appeal, and even if ex officio is examined, C, F, and G have consistently made from the investigative agency to the court of the original judgment that they made intimidation as stated in the facts charged in the original judgment. The other evidence presented by the court below also conforms to the statements of each victims, and there is no other circumstance to deem credibility in the statements of the above victims. In light of the above facts, the defendant can sufficiently recognize the facts of intimidation as stated in the facts charged in the original judgment.

2. In full view of various circumstances, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., and the sentencing conditions specified in the records and arguments of this case, the sentence of the lower court is too unreasonable, considering the following: (a) the Defendant committed each of the instant crimes again during the period of repeated crimes due to the same criminal records; (b) the victims specifically stated the details of damage; and (c) the victims might be denied the crime despite their detailed statement; and (d) some of the crimes may be deemed as retaliation crimes; and (e) the nature of the crime is not good; and (e) the Defendant’s age, character and behavior, environment, motive, means and consequence after the crime is committed.

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 ordered as per Disposition.

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