특정범죄가중처벌등에관한법률위반(보복협박등)등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (i.e., one year and six months of imprisonment, and three years of suspended execution) is too unreasonable.
B. Prosecutor 1) The sentence imposed by the lower court on the grounds that the sentence is too uneasible and unreasonable. 2) The lower court’s exemption from the disclosure order, notification order, and employment restriction order is unreasonable, despite high risk of recidivism.
2. Determination
A. In a case where there is no change in the conditions of sentencing compared to the judgment of the court of first instance on the assertion of unfair sentencing by the defendant and the prosecutor, and where the sentencing of the court of first instance does not deviate from the reasonable scope of discretion, the appellate
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court, as indicated in its holding, determined the sentence against the Defendant by comprehensively taking account of all favorable circumstances and unfavorable circumstances for the Defendant.
The court below recognizes that the punishment of the court below is determined appropriately in full in consideration of the important circumstances, and there is no change in the sentencing conditions that can change the sentence of the court below in the trial.
(A) In light of such circumstances and the Defendant’s age, character and conduct, motive, means and consequence of the crime, and all sentencing factors indicated in the instant pleadings, including the circumstances before and after the crime, it is difficult to deem that the sentence of the lower court was too weak or unreasonable to have exceeded the reasonable scope of discretion given to the lower court.
Therefore, each of the defendant and prosecutor's arguments on unfair sentencing are not accepted.
B. The evidence duly adopted and examined by the lower court regarding the prosecutor’s disclosure order, notification order, and unfair argument on exemption from employment restriction order is recognized.