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(영문) 부산고등법원 (창원) 2020.02.12 2019노331

특정범죄가중처벌등에관한법률위반(보복협박등)

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (eight months of imprisonment) is too unreasonable.

Judgment

The fact that the defendant recognized the crime of this case in depth and divided the mistake, and that the victim does not want the punishment against the defendant is favorable to the defendant.

On the other hand, the crime of this case is deemed to have been committed by the victim on the ground that the victim filed a complaint against the defendant and did not interfere with the agreement in the criminal procedure. In light of the criminal procedure and the details of intimidation, the liability for the crime is grave, and the contents of intimidation are not somewhat weak, and the victim seems to have suffered considerable pain due to the crime of this case. In the case of retaliation crime, not only infringe the victim's personal legal interests, but also urging the exercise of legitimate investigative authority, but also chilling cooperation in investigation and trial, it is necessary to severely punish the defendant as a result of interfering with the discovery of substantial truth of investigation agencies and judicial agencies and the exercise of the state's penal authority, and the fact that the defendant committed the

In full view of the above circumstances and the Defendant’s age, character, conduct and environment, motive, means and consequence of the instant crime, etc., all of the sentencing conditions shown in the instant argument, including the circumstances after the commission of the crime, and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court Sentencing Commission (one to one year and four months), it is not determined that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since there is no ground for appeal. It is so decided as per Disposition.