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(영문) 부산고등법원 2013.05.16 2012노720
특정범죄가중처벌등에관한법률위반(보복범죄등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (one year of imprisonment, two years of suspended execution, two years of community service, and 80 hours of imprisonment) imposed by the court below in light of various sentencing conditions in the instant case is too unreasonable.

2. Examining the various sentencing conditions in the instant case, the circumstances favorable to the Defendant are as follows: (a) the Defendant confessions all the criminal facts in the instant case and repents his mistake; and (b) the Defendant has no criminal records heavier than the fine, except for those sentenced to a suspended sentence of imprisonment due to a violation of the Punishment of Violences, etc. Act in 191.

However, in addition to each of the crimes in this case, the Defendant appears to have interfered with the business of running a woman in the vicinity of the Defendant at any time, and in relation thereto, the Defendant was punished by a fine several times. The imprisonment with prison labor for one year sentenced by the lower court is the lowest sentence possible to be sentenced to the Defendant, and other various sentencing conditions indicated in the argument in this case, including the Defendant’s age, character and behavior, motive for committing the crime, and circumstances after committing the crime, it is not recognized that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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