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(영문) 부산고등법원 2017.02.08 2016노544
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court’s sentence against the Defendant (two years of imprisonment) is too unreasonable.

B. The sentence imposed by the lower court on the Defendant by the Prosecutor is too unhued and unreasonable.

2. The fact that the Defendant recognized all of the instant crimes and reflected, the fact that the said victims do not want to be punished by the Defendant by mutual consent with all the other victims except the police officers, and that the Defendant is currently suffering from the brain dynasium and the heart dynasium and the health of the Defendant is not good is favorable.

On the other hand, the crime of this case was committed under the influence of alcohol by the defendant 12 times, such as interfering with the victims' daily lives and livelihood by threatening the victims, 791,400 won through seven times in order to make a request for drinking value by threatening the victims, etc., under the influence of alcohol. The crime of this case was committed for the purpose of retaliation against the victims D who reported the defendant due to interference with their duties. The police officers dispatched to the scene upon 112 reports four times, who assault on four occasions and interfered with their duties, and interfered with the execution of their duties. In light of the contents, methods, frequency, etc. of the crime, the crime was very bad, and the crime committed by the defendant at the above time by the defendant is likely to cause serious inconvenience and apprehension in their daily lives and livelihood. The crime committed by the defendant without prejudice to the function of criminal justice, and committed an assault against the victim who is under suspension of execution of execution of their duties, and is punished by imprisonment with prison labor for 16 months in Seoul, 20 years in prison or 3 months in prison (hereinafter.).

. The above.

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