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(영문) 광주고등법원 (제주) 2018.08.08 2018노44

특정범죄가중처벌등에관한법률위반(보복협박등)등

Text

The defendant's appeal is dismissed.

Reasons

Comprehensively taking account of the following: (a) the summary of the grounds for appeal (unfair sentencing) that the Defendant recognized and reflecteds the offense; (b) the Defendant agreed smoothly with some victims; and (c) the Defendant re-influences against the wrong drinking habits and re-influences against the wrong drinking habits, the lower court’s punishment (one year of imprisonment) is too unreasonable.

Judgment

The crime of this case threatens the defendant's stones, which are dangerous objects, to the victim C, and threatens the above victim, and reported to the police by the victim F who was insulting from the defendant, and reported by him to the police, and thereby, led the victim who was detained in the detention room for the purpose of an fluence and retaliation, and threatened the above victim with his appearance for the purpose of retaliation, and the nature of the crime is very poor.

The victim C agreed with the victim, but did not receive a letter from the victim F.

In addition, considering all the sentencing conditions in the records and arguments of this case including the background, content, means and result of the instant crime, Defendant’s age, sexual conduct, environment, etc., the sentence of the lower court against the Defendant cannot be deemed unfair on the ground that the sentence against the Defendant was unreasonable (the circumstances alleged by the Defendant on the grounds of appeal appear to have been already considered in the sentencing of the lower court, and the lower court did not submit new sentencing materials to the extent that the lower court’s sentence is reversed in the trial at the first instance). Accordingly, the Defendant’s appeal is without merit, and it is so decided as per Disposition by the assent of all participating Justices.