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(영문) 대구고등법원 2016.10.20 2016노315
특정범죄가중처벌등에관한법률위반(보복협박등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year and six months of imprisonment, and three years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. When the Defendant received an investigation into the crime of sending a text message that has been in an internal relationship with the victim, he/she would kill the victim if he/she did not contact. As such, the Defendant sent a text message to the victim for the purpose of withdrawing the victim’s complaint, and received a criminal trial due to the crime, and sent a large amount of intimidation messages to the victim for the purpose of retaliation against the crime.

In that the content and frequency of the crime, the shock of the victim's occurrence, the defendant's perception of his own appraisal and position, the suffering of the victim is exempted, and the defendant committed a series of crimes under investigation and criminal trial, and the responsibility of the defendant is not exceptionally applied.

However, there is no criminal record against the confession of the crime of this case, against the mistake, and criminal punishment exceeding the fine.

Although the defendant committed a crime without neglecting training against the victim, it is said that the defendant would no longer have access to or contact with the victim, and that the defendant's wrong articles of association can be corrected to some extent through probation, etc. imposed on the defendant.

It is also considered that the defendant is detained until he is released from the original trial.

In full view of all the circumstances, including these circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the lower court’s punishment is deemed to fall under the scope of the appropriate sentence corresponding to its liability, and it does not seem that the sentence is too uneasible and unreasonable.

Therefore, prosecutor's argument cannot be accepted.

3. In conclusion, the prosecutor's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

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