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(영문) 창원지방법원 2019.06.27 2019노777
특수협박등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. We also examine each of the allegation of unfair sentencing by the defendant and prosecutor.

The defendant reflects his mistake in depth, and each of the crimes of this case is in the concurrent relationship between the crime of special intimidation for which a judgment has become final and conclusive and the latter part of Article 37 of the Criminal Act, and simultaneously takes into account equity in the case of sentencing a judgment

On the other hand, domestic violence is one of the most closely related and near family relations, and it is difficult for the victim to predict at any time the violence from the perspective of the victim and bring about a "dailyization of tolerance" to the victim as it is difficult for the victim to avoid the perpetrator.

In addition, in order to establish the law and order of the state and eradicate the light of the public authority, the necessity for strict punishment on the crime of obstruction of performance of official duties, such as this case, is recognized.

In light of the following circumstances: (a) there is no special circumstance or circumstance that is newly considered in sentencing after the pronouncement of the lower judgment; and (b) the Defendant’s age, character and conduct, family relation, motive, means and consequence of the crime; and (c) the circumstances after the crime were committed, the sentence that the lower court rendered does not seem to have exceeded the appropriate and reasonable scope of discretion.

Therefore, we cannot accept all the arguments of the defendant and prosecutor.

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

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