(영문) 대구지방법원 2020.08.11 2020노1729 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2020.08.11 2020노1729

특수협박

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (eight months of imprisonment) by the lower court is too unreasonable.

2. It is reasonable to respect the sentencing conditions compared to the judgment of the first instance court, if there is no change in the sentencing conditions, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court, inasmuch as the Defendant had the history of being punished for violent crime, and the Defendant repeatedly committed the instant crime without being aware of it during the period of repeated crime after the execution of the final sentence, and the risk of re-offending is high, and the Defendant’s prior action at an investigative agency against the Defendant, “I do not want to punish because there is a gap between the Defendant’s mar who is living as a new woman and the released mar who has been released from the society, and the need to continue to do so.” However, even though the Defendant complained of the Defendant’s prior action against “I do not want to be punished, I did not endeavor to recover or ask the victim for a letter of injury, and rather, the Defendant expressed that the victim would not hume the victim if the victim was punished once this day, and the victim appears to have been punished with the Defendant’s retaliation, and further, the Defendant’s severe punishment was sentenced to a new punishment or change in circumstances.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, motive, background, means and consequence of the crime, and the circumstances after the crime, etc., the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion, and thus, does not seem to have exceeded the reasonable scope of discretion.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the judgment of the court below is ex officio and "1."

참조조문

-형사소송규칙 제25조 제1항

-형사소송법 제364조 제4항

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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