beta
(영문) 광주고등법원 (제주) 2021.02.17 2020노93

특정범죄가중처벌등에관한법률위반(보복협박등)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the court below (two years and six months of imprisonment and four years of suspended execution, etc.) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the lower court in the appellate court’s judgment, and the sentencing of the lower court is not beyond the reasonable scope of discretion, it is reasonable to respect such a case (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant recognized all of the instant crimes from an investigative agency, and the damage to each of the instant crimes is relatively large.

It is not visible that the defendant did not have any record of committing the same kind of crime except a fine imposed once for the crime of assault in 2019, and there is no record of punishment heavier than a fine.

However, the Defendant’s act of committing the instant crime is found in the E Union or Hart without any particular reason while under the influence of alcohol.

C. The Defendant’s act of intimidation for the purpose of retaliation on the ground that he interfered with his duties and reported to the police, or of special intimidation in knife the knife, among the disputes, was committed, and the Defendant failed to control the violent inclination repeated in drinking conditions.

I seem to appear.

In particular, the purpose of retaliation is not only infringing on the legal interests of the victim, but also impeding the exercise of legitimate judicial authority and destroying social order maintained by the judicial process, so it is necessary to strictly cope with it.

Until now, the defendant did not receive the victims' statements.

In light of the aforementioned various circumstances and other conditions of sentencing, including the Defendant’s age, sex, occupation, environment, motive, means and consequence of the crime, etc., and all the conditions of sentencing appearing in the records and theories of changes, such as the scope of recommended sentences according to the sentencing guidelines set by the Supreme Court Sentencing Committee, the sentence imposed by the lower court is too unreasonable.

The judgment of the court below.