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(영문) 부산고등법원 2015.09.17 2015노397
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the sentence imposed by the court below (one year of imprisonment) is too unreasonable.

2. Examining the various sentencing conditions in the instant case, the following circumstances are favorable to the Defendant: (a) the Defendant committed all of the instant crimes as it is, thereby realizing and reflecting his mistake; (b) the amount corresponding to a part of the defrauded money of the fraudulent crime was returned to the victim; (c) the crime of this case is in the relationship between fraud of first head of the criminal facts indicated in the judgment below that became final and conclusive and the latter concurrent crimes of Article 37 of the Criminal Act; and (d) the Defendant is a person who has rendered distinguished services to the State in Vietnam, and the fact that the Defendant

However, each of the crimes of this case is that the defendant deceivings the victim and defrauds the victim more than twice, and the victim threatens the victim more than twice for the purpose of cancelling the complaint after the victim accused the defendant with respect to the above fraud crime. The nature of the crime and the circumstances of the crime are not easy. The victim does not threaten the defendant and eventually cancel the complaint against the defendant; the victim did not take any measures for recovery of the crime against the defendant; the victim did not take any measures for recovery of the crime; the victim did not receive a letter from the victim; in particular, the statutory punishment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is limited to imprisonment of more than one year; the court below sentenced one year to imprisonment with prison labor equivalent to the least punishment (one year to 45 years) under the law; and in full view of various conditions in the arguments of this case, such as the defendant's age, character and behavior, environment, family relationship, motive and circumstance of the crime, circumstances after the crime, etc., it is acknowledged that the punishment of the defendant is too appropriate within the scope of punishment imposed.

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