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(영문) 부산고등법원 2016.12.14 2016노535
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (two years of imprisonment, etc.) is too unreasonable;

2. The circumstances favorable to the Defendant are that the Defendant recognized all of the instant crimes when the Defendant was in a trial, and the mistake is divided, and that the victim of the instant special injury and intimidation did not want to be punished against the Defendant.

However, the crime of this case is deemed to have been committed by the court below in consideration of the following factors: (a) the Defendant committed the crime of this case with dangerous articles, resulting in an unfavorable injury to the victim, such as cutting off the frame and cutting down at the bottom of the body; (b) the withdrawal of the complaint from the reported victim; and (c) the Defendant requested and threatened the victim; (d) the overall circumstance and manner of the crime; and (e) the risk of the instrument to commit a special injury; (b) the Defendant has been sentenced several times as a crime of narcotics; (c) the Defendant again committed the same crime despite being sentenced to multiple times as a criminal of the same kind; (d) the crime of narcotics, etc. has a negative impact on the physical and mental health of the members of the community; and (e) the crime of intimidation and intimidation may cause serious harm to the public health and social safety; and (e) the crime of serious retaliation and threat may cause harm to the discovery of substantial truth of investigation agencies and judicial agencies; and (e) the Defendant’s age, character, environment, motive and method and method of the crime, etc.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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