logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 (춘천) 2018.03.28 2017노192
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The judgment of the Defendant committed each of the crimes of this case without being sentenced to imprisonment for ten months due to a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Chuncheon District Court on November 19, 2014, when the execution of the punishment was completed on June 21, 2015, and the Defendant committed each of the crimes of this case without being subject to punishment during the period of repeated crime, etc. is disadvantageous to the Defendant.

On the other hand, the fact that the defendant has led to a confession of all crimes, and that the defendant is deemed to have committed a crime under the mental and physical weakness caused by mental disorder, such as a bipolar disorder, and that the victim E, G, and P agreed with the victim, and that the damage of the crime of fraud against the victim D appears to have been recovered,

In addition to these circumstances, there is no special change in circumstances that may vary in the punishment from the original judgment to the trial of the party, and in full view of all the factors of sentencing, including Defendant’s age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime, it does not seem that the lower court’s punishment is too heavy or unreasonable.

Therefore, each of the defendant and the prosecutor's argument of sentencing is without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

arrow