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(영문) 서울고등법원 2019.05.10 2019노254
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (eight months of imprisonment) is too unhued and unfair.

2. The lower court determined that: (a) under the unfavorable circumstances of the Defendant, the Defendant had been punished several times including criminal records for a crime, such as violence and obstruction of business, etc.; (b) the Defendant, under the influence of alcohol, damaged the facilities of the restaurant operated by the victim C and interfered with the restaurant business repeatedly by repeatedly finding the Defendant at the above restaurant for the purpose of retaliation; (c) in light of the circumstances, details, and repetition of the crime, the crime is not good; (d) the crime is deemed to have been committed; (d) the victim C appears to have suffered considerable mental pain; (d) the Defendant was under investigation with the victim C while undergoing the crime with the victim; (e) the Defendant was under investigation with the victim; and (e) the degree of injury suffered by the victim D was not easy; and (b) the victim’s family members and the Defendant’s wife were able to receive the punishment; and (e) the victim’s family members and the Defendant’s wife.

The lower court’s sentencing appears to have been determined by fully considering the above various sentencing data of the Defendant, and there is no change in circumstances that could be evaluated differently from the sentencing conditions of the lower court up to the trial. In full view of all the sentencing factors indicated in the argument of the instant case, including the Defendant’s age, social experience degree, character and conduct, environment, family relationship, motive for committing the crime, and circumstances after committing the crime, the lower court’s sentence against the Defendant is too unreasonable.

The prosecutor's assertion of unfair sentencing is without merit.

3. If so, the prosecutor's appeal is without merit.

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