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(영문) 서울고등법원 2017.04.27 2017노200
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment, two years of suspended execution, and confiscation) on the summary of the grounds for appeal is too unreasonable.

2. In light of the circumstances surrounding the instant crime, danger, etc., the lower court: (a) took into account the following circumstances into account: (b) the poor nature of the crime; (c) the record of assaulting the victim; and (d) the fact that the agreement with the victim was not reached; (b) the Defendant led to the confession of the crime; (c) the degree of injury to the victim is relatively minor; (d) the Defendant paid KRW 8 million to the victim with the space living together with the victim; and (e) mitigated statutory punishment by taking into account the circumstances favorable to the Defendant; and (e) sentenced the suspension of the execution of imprisonment with prison labor, the most weak period

Inasmuch as the lower court’s sentencing was too unreasonable compared to the Defendant’s liability, it cannot be deemed that the Defendant’s wrongful assertion of sentencing is difficult, and there is no obvious change in the sentencing condition that can revise the lower court’s sentencing in the first instance court. Therefore, the Defendant’s argument of sentencing is unacceptable.

3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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