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(영문) 부산고등법원 (창원) 2015.11.25 2015노321
특정범죄가중처벌등에관한법률위반(보복협박등)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. The fact that the Defendant recognized the instant crime and seriously reflects the Defendant is favorable to the Defendant.

However, the crime of this case for the purpose of retaliation has been committed repeatedly and continuously (110 times) over a long period (one year and ten months), and the crime also includes the contents that the victim will die upon being released from a detention house or prison, such as submission of written agreements or remittance of money, etc., if the defendant does not comply with the defendant's demand, and the wife and the victim of the enemy who had already been emphed with the defendant in a knife, seems to have been suffering from considerable mental impulse and fear. The crime of this case was committed during the period of repeated crime due to the same crime of intimidation using a deadly weapon, and was committed during the period of the previous sentence (two years of imprisonment, etc.). It is also acknowledged that the previous sentence was unfavorable to the defendant, such as the period of imprisonment (two years of imprisonment, etc.).

In light of the above circumstances comprehensively taking into account the Defendant’s age, family relation, character and conduct, environment, the circumstances after the crime, and all of the sentencing conditions stated in the argument of this case, including the fact that the Defendant received long-term treatment at a mental hospital, etc. (not considered as a mental disorder within the legal meaning at the time of the crime of this case), the punishment sentenced by the court below is just and unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

[2] A case of imprisonment with labor for two years is finalized on January 17, 2014 (104 pages of investigation records), and the end date of the crime of blanket crimes is June 2, 2015, and thus does not constitute concurrent crimes under the latter part of Article 37 of the Criminal Act.]

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