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(영문) 광주고등법원 2016.11.17 2016노347
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

In comparison with the judgment of the court below on the grounds for appeal by both parties, there is no change in the conditions of sentencing, and the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable to respect them.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In this case, no new sentencing data was submitted by this court and no particular change exists in sentencing conditions compared to the original judgment.

In addition, even if all favorable or unfavorable circumstances are gathered in the appellate court, such as the sentencing grounds that appear during the pleading, in particular, the Defendant confessions and reflects the instant crime, the fact that the Defendant is an contingent crime, the fact that the damage is not much likely, and the fact that the damage has not yet been recovered, it is difficult to conclude that the sentencing of the lower court is too heavy or it goes beyond the reasonable scope of discretion due to the lack of sufficient discretion.

All the arguments between the defendant and the prosecutor disputing the propriety of sentencing in the court below are not acceptable.

2. The appeal filed by the Defendant and the prosecutor in conclusion is dismissed on the grounds of merit.

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