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(영문) 부산고등법원 2017.07.12 2017노239
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the purport of the grounds for appeal, the sentencing of the lower court (one year and six months of imprisonment, suspension of execution three years of probation, observation of protection, community service order 160 hours of imprisonment) is too unreasonable, in so doing, considering the following: (a) the Defendant recognized the commission of the crime and reflects the mistake; (b) there is no previous conviction exceeding the fine; (c) the commission of the crime committed in the course of receiving the loan money; and (d) there are some other circumstances to consider the circumstances; and

2. The judgment of this case is the case where the defendant committed a crime before the victim D with the crime that had been investigated, and the defendant committed a serious harm to life and body by assaulting the head part of the above victim and threatening the above victim by assaulting the head part of the above victim's body in accordance with the directions of the crime, circumstances and methods of the crime, and the degree of damage, etc., and it is inevitable to punish the defendant with severe punishment against the defendant on the ground that the crime is very poor in light of the motive, circumstance, and method of the crime, and the degree of damage.

Nevertheless, in light of the favorable circumstances alleged by the Defendant on the grounds of appeal, the lower court suspended the execution of imprisonment, and ordered surveillance and community service. Considering the aforementioned circumstances and all of the sentencing conditions under Article 51 of the Criminal Act, which were revealed in the process of deliberation by the lower court and the party, the lower court cannot be deemed to have exceeded the reasonable scope of discretion, or to have exceeded the said lower court’s discretion, so it cannot be deemed unfair.

Defendant’s assertion is without merit.

3. 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 for conclusion is without merit.

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