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(영문) 서울고등법원 2016.12.15 2016노2931
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal: The punishment imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

Judgment

A. The sentencing is based on the statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act.

However, considering the unique area of sentencing of the first instance court that is respected under the principle of trial priority and the principle of directness taken by our Criminal Procedure Act and the nature of the ex post facto review of the appellate court, it is reasonable to reverse the unfair judgment of the first instance court only in cases where it is deemed that the judgment of the first instance court exceeded the reasonable scope of discretion when comprehensively considering the conditions of sentencing in the course of the first instance sentencing review and the sentencing criteria, etc., or where it is deemed unfair to maintain the first instance sentencing as it is in full view of the materials newly discovered in the course of the appellate court’s sentencing review.

In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance court in the absence of such exceptional circumstances.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). (B)

Examining the records in light of the above legal principles, although the defendant shows an attitude of recognizing and opposing all the crimes of this case against the defendant in the trial court, considering these circumstances, the court below's sentencing seems to have been conducted within the reasonable scope of discretion and the scope of the recommended sentence against the defendant according to the sentencing guidelines, considering all the circumstances related to the sentencing considering the defendant's punishment in determining the defendant's punishment and the scope of the recommended sentence against the defendant according to the sentencing guidelines (Articles 10 and 2. 10). Other grounds for unfair sentencing asserted by the defendant are considered to have already been taken into account in determining the punishment by the court below. Thus, the court below's sentencing should be respected.

Therefore, the defendant.

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