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(영문) 서울남부지방법원 2020.02.04 2019노2477
특수협박등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal, the Defendant asserts that the Defendant is too unreasonable and unfair, and that the prosecutor is too uneasible and unfair.

2. The judgment of unfair sentencing refers to the case where the sentence of the judgment of the court below is too heavy or too minor in light of the content of the specific case.

Based on the statutory penalty, the sentencing is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act based on the statutory penalty, and there is a unique area of the first instance court in our Criminal Procedure Act, which takes the trial-oriented principle and the direct principle.

In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(2) In light of the aforementioned circumstances, the lower court rendered the above sentence to the Defendant, taking into account the favorable circumstances, such as the fact that the victim of the crime of special intimidation does not want to be punished by the Defendant, the Defendant was revoked a suspended sentence for six months due to the instant crime of phiphone medication, and that the Defendant re-offendered during the period of suspended execution due to the same type of phiphone medication, and that the Defendant was in violation of the aforementioned provision, it is difficult to view that the above sentence conditions were significantly changed even in view of the fact that the Defendant recognized some of the crimes that were set aside in the lower court at the trial when the Defendant was in the trial, and that there was no special circumstance or change of circumstances that may be newly considered in the sentencing at the trial, and that there was no other special circumstance or circumstance that the Defendant’s age, character and behavior, family relationship, motive and circumstance of the crime, and the circumstances after the crime.

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