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(영문) 부산고등법원 (창원) 2018.11.14 2018노216
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. The Defendant’s attitude to recognize and reflect all of the instant crimes is the sentencing materials favorable to the Defendant, such as the following: (a) the Defendant and the specific crime committed an agreement with the victim D, E, F, and G on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; (b) the victim I’s damage to the crime of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) through non-life insurance in which the Defendant joined; and (c) the police officer Q Q, the counter-party to the crime of interference with the performance of official duties, want to take the Defendant’

On the other hand, in the case of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the course of the crime of this case by Defendant 1, the defendant already committed a crime of intrusion upon a special residence or special intimidation against the victim D, etc. against the victim D, and again committed a crime of retaliation against the victim D's residence to the police, and thus, the victim D again committed a crime of retaliation. In the case of retaliation crime, there is a need for strict punishment because it is likely that the citizen's will to cooperate with the investigation and trial beyond the infringement of personal legal interests, and it might undermine the citizen's will to cooperate with the investigation and trial, and interfere with the exercise of the rights and punishment by the investigation agencies and judicial agencies, and ② the defendant was arrested as the current offender, and detained during the trial of the court below, and the defendant was released on bail during the trial. The defendant committed a crime of threatening a police officer and obstructing the execution of official duties after the lapse of two days thereafter, and the defendant was punished by a fine for drinking during the past three times, despite his past record of drinking.

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