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(영문) 수원고등법원 2020.11.12 2020노569
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment imposed by the lower court (e.g., six months of imprisonment and fine of three million won) is too unreasonable.

B. The sentence imposed by the lower court is too uneasible and unfair.

2. Determination is an unfavorable circumstance against the Defendant, such as the following: (a) the Defendant threatened the Victim B with the intent of retaliation against the Defendant’s 112 report; (b) the Defendant used the Victim E to assault and injure the Victim E, and the nature of the crime is not good; (c) the Defendant committed each of the instant crimes during the repeated period; (d) the Defendant had been punished several times due to injury, assault, etc.; and (e) the Defendant did not have made a serious effort to recover the damage of Victim E; and (e) the Defendant did not receive a letter from the Victim E.

However, there are circumstances favorable to the defendant, such as the fact that the defendant denied the crime of retaliation intimidation in the court below, but all of the crimes of this case including this in the appellate court shows the attitude of reflecting the mistake. The fact that the defendant agreed with the victim B in the court below, the defendant led to contingent injury while drinking, and the defendant's health condition is not good.

Comprehensively taking account of the aforementioned circumstances and various circumstances that form the conditions for sentencing as seen earlier, it cannot be deemed that the sentence imposed by the lower court deviates from the reasonable scope of discretion and is unreasonable or unreasonable as it goes beyond the reasonable scope of discretion.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed as all are without merit.

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