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(영문) 서울고등법원 2014.07.04 2014노988

특정범죄가중처벌등에관한법률위반(보복범죄등)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentencing on the gist of the grounds of appeal is unreasonable because it is too unhued.

2. The defendant, in collaboration with accomplices, assaulted victims for the purpose of retaliationing the victims to take property of the victims who are students or to select them as the perpetrator of a criminal case by an investigative agency. In light of the specific details of the crime, method of crime, etc., the defendant's liability is not easy.

However, there are the following circumstances that should be favorable or considered to the defendant.

The Defendant came to commit the instant crime in the situation of running away from the military court at the age of 18 to 19.

The defendant has been detained for a certain period of time in the court below and was tried by the court below, and the seriousness of his/her criminal act has been broken down through this and his/her mistake has been repented in depth.

There have been no criminal records of suspended execution until now.

The health condition of the defendant is not good, such as receiving hospital treatment due to bad blood transfusion.

The defendant appears to have returned to his family, and his parents and siblings are leading while complaining of the defendant's wife against the defendant.

In full view of the Defendant’s age, occupation, character and conduct, environment, motive, means, and consequence of the crime, all of the sentencing conditions in the instant case, including the circumstances after the crime, and the result of the application of sentencing guidelines by the Supreme Court Sentencing Committee, it is difficult to deem that the sentencing of the lower court, which added probation and community service order, is too unreasonable compared to the Defendant’s degree of responsibility.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.