beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. The court below dismissed the prosecution for rape among the facts charged against the defendant, and convicted the remainder of the facts charged.
Therefore, since the prosecutor appealed only to the guilty portion among the judgment below, the dismissed portion of the prosecution which the defendant and the prosecutor did not appeal was separated and finalized as it is.
Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.
2. The summary of the grounds for appeal (unfair sentencing) by the lower court is unreasonable as it is too unfasible to the extent that the penalty (20 million won) imposed by the lower court is too unfased.
3. In a case where there is no change in the conditions of sentencing compared to the judgment of the court below, and where the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The defendant acquired a large amount of money that remains 46 million won from the injured party, thereby interfering with the injured party’s business by force under the influence of force, and damaged the injured party’s property while being investigated on such suspicion. In light of the circumstances and methods of the crime, and the relationship with the injured party, the crime is bad.
After the execution of imprisonment with prison labor is completed due to the same fraud crime, the defendant committed the crime of this case again without being aware of during the repeated crime period, and was detained while living a prison life for about seven years without being present at the date of the decision of the court during which the trial is rendered. The circumstances before and after the crime are not good.
However, the defendant recognized all of his mistake, even though some of the amount of damage was paid by the defendant, the defendant paid 18 million won and agreed with the victim, and the victim expressed his intention that he does not want the punishment for the defendant, and the defendant wanted to lead a normal social life.