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(영문) 서울고등법원 2016.03.09 2016노197

특정범죄가중처벌등에관한법률위반(보복협박등)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced against the defendant (one year and six months of imprisonment and confiscation) is too unreasonable.

2. As to the circumstances after the commission of the instant crime, some of the grounds for considering the circumstances after the commission of the crime are recognized, such as the Defendant’s acknowledgement of the instant crime.

However, the crime of this case committed by the defendant carrying dangerous articles and assault the elderly victims, and committed relatively serious injury to one of the victims in need of medical treatment for about 42 days. Since then, the victims reported the damage to investigation agencies, and reported the victims to the investigation agencies, and reported the victims again to find the victims with a deadly weapon for the purpose of retaliation, and made threats to the victims. It seems that the nature of the crime was serious, and the victims suffered from the mental shock.

B. In addition, considering the fact that the victims have strongly sought the punishment of the defendant so far, considering the age, sex, environment, etc. of the defendant and the scope of the sentencing guidelines for the enactment of the Supreme Court sentencing committee, the sentence imposed by the court below is too unreasonable because it is too unreasonable.

Therefore, the defendant's assertion is without merit.

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.