(영문) 서울고등법원 2018.11.22 2018노2390 | 리걸엔진

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(영문) 서울고등법원 2018.11.22 2018노2390

폭력행위등처벌에관한법률위반(상습공갈)등

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (four years of imprisonment) is too unreasonable.

2. The lower court determined that considering the following factors: (a) under the unfavorable circumstances against the Defendant, the Defendant had a record of criminal punishment several times due to the crime of intimidation; (b) the Defendant was sentenced to imprisonment for a long time with prison labor for a period of three years and six months; (c) committed repeatedly against many victims without being aware of the crime during the repeated crime period; and (d) committed a crime of intimidation for the purpose of retaliation against the victims B; and (c) the victims did not suffer much pain; and (d) there was no recovery of damage; (c) under favorable circumstances; (d) the Defendant led to confession and reflect; and (e) some of the crimes of intimidation were committed against the Defendant, taking into account the following factors: (e) the Defendant’s age, sexual behavior, environment; (e) the motive, means and consequence of the instant crime; and (e) the scope of recommended sentence according to sentencing guidelines, the Defendant was sentenced to imprisonment with prison labor for four years.

In full view of the factors and sentencing criteria as shown in the sentencing review process of the lower court, the lower court’s judgment exceeded the reasonable bounds of its discretion.

shall not be assessed.

B. There are no circumstances suggesting that the court below's improper reasons for sentencing alleged by the defendant are the circumstances that the court below had already taken into account while determining the defendant's punishment, and that it is unfair to maintain the judgment of the court below as it is even in full view of the materials presented during the sentencing hearing of this court.

Therefore, the defendant's argument of sentencing is not accepted.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 5-1 of the judgment of the court below).

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