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(영문) 광주고등법원 2015.08.13 2015노284

특정범죄가중처벌등에관한법률위반(보복협박등)등

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The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (ten months of imprisonment) is too unreasonable.

2. The fact that the Defendant committed each of the crimes of this case while under the influence of alcohol was able to judge, etc. is a favorable condition for the Defendant.

On the other hand, the fact that the defendant has been punished several times for violent crimes, and that the defendant committed each of the crimes of this case during the period of repeated crimes of the same kind, and that the victims did not receive a letter from the victims until the trial of the case is disadvantageous to the defendant.

In full view of the above circumstances, the Defendant’s age, character and conduct, environment, the circumstances leading up to each of the instant offenses, and the sentencing guidelines of the Sentencing Committee (one hundred months to three years and eight months), etc., the lower court’s punishment is too heavy.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.