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(영문) 광주고등법원 (전주) 2015.04.28 2015노58
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the victim sought a letter from the defendant, the court below's imprisonment (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We also examine the judgment and prosecutor’s allegation of unreasonable sentencing.

The defendant committed the crime of this case on several occasions on the grounds that the crime of this case is not on credit, and the victim assaultsd the victim several occasions, and reported the defendant to the police, and the victim threatened the victim for the purpose of retaliation, was driving under the influence of alcohol that is prohibited from driving, and the circumstances and the nature of the crime are not provided, the damage recovery to the victim was not made at all, and the defendant committed each of the crimes of this case without being tried for injury, and the defendant had been punished several times due to the same crime, and the criminal records of probation are included six times or more, it is inevitable to punish the defendant with severe punishment corresponding to his responsibility.

On the other hand, however, there are circumstances that should be favorable or considered to the defendant, such as the fact that the defendant led to confession and seriously reflects the crime of this case, equality in the case of concurrent judgment with the crime of injury in which the judgment of the court below became final and conclusive, and that the defendant supports two children and his parents by divorce with his wife and is living alone.

In light of the above various circumstances, there seems to be no change in special circumstances that could vary in the sentence of the court below. In addition, in full view of the following conditions, such as Defendant’s age, character and conduct, environment, motive or circumstance of the crime, means and method of the crime, contents and result of the crime, and the scope of recommended sentencing guidelines for the enactment of the Supreme Court sentencing committee, the sentence imposed by the court below against the Defendant is too heavy or unreasonable.

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