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(영문) 부산고등법원 2017.10.18 2017노353

특정범죄가중처벌등에관한법률위반(보복협박등)등

Text

The defendant's appeal is dismissed.

Reasons

1. That the same mistake will not be repeated because it reflects the gist of the grounds for appeal;

When considering the fact that he or she committed any contingent crime under the influence of alcohol, the sentence of the lower court (two years and six months of imprisonment, and fine of 50,000 won) is too unreasonable.

2. The lower court, as indicated in its reasoning, determined the Defendant’s punishment by taking account of the favorable and unfavorable circumstances for the Defendant.

The circumstances alleged by the Defendant on the grounds of appeal were considered in the sentencing process of the lower court, and there was no new change in circumstances to change the sentence of the lower court, including the recovery of damage.

In full consideration of all the sentencing conditions stipulated in Article 51 of the Criminal Act, which appears in the hearing of the court below and the party concerned, the court below’s sentence exceeded the reasonable scope of discretion, or is unfairly heavy as the grounds for appeal exist.

shall not be deemed to exist.

Defendant’s assertion is without merit.

3. 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 for conclusion is without merit.

참조조문