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(영문) 부산지방법원 2019.05.16 2019노637
협박
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The instant crime was committed by the Defendant by intimidationing the victim, and the lower court determined the sentence by taking into account not only several criminal records of violence but also the fact that the Defendant was sentenced to a suspended sentence due to the crime of intimidation against the victim, which led the victim to intimidation during the suspended sentence period, and there is no new circumstance to change the sentence of the lower court in the trial.

In addition, comprehensively taking into account various sentencing conditions, such as the Defendant’s age, character and conduct, the method and background of committing a crime, the records of committing a crime, and the circumstances after committing a crime, which are shown in the arguments of the court below and the party branch, the sentence imposed by the court below is conducted within the reasonable scope of

3. In conclusion, 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. It is so decided as per Disposition.

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