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(영문) 부산고등법원 2016.03.31 2016노34

특정범죄가중처벌등에관한법률위반(보복협박등)등

Text

The prosecutor's appeal is dismissed.

Reasons

The prosecutor asserts, on the grounds of appeal, that the lower court’s punishment (one and half years of imprisonment, three years of suspended sentence against imprisonment, three years of probation, two years of surveillance of protection, two years of community service order, and two hundred hours of community service order) is unreasonable. However, in full view of the matters on the sentencing conditions and sentencing guidelines in the course of the lower court’s examination, the lower court’s determination of sentencing, in which the Defendant’s confession and reflects on the life in custody, military history, etc. throughout the past as the principal sentencing factor, exceeded the reasonable bounds of its discretion.

It can not be assessed, and there is no circumstance or material that can be deemed unfair to maintain the sentencing of the court below in the course of the deliberation of the sentencing of the party.

Therefore, the prosecutor's appeal is dismissed (Article 364 (4) of the Criminal Procedure Act).