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(영문) 수원고등법원 2019.06.20 2019노31
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is unreasonable by the lower court’s punishment (one year of imprisonment and two years of suspended execution, etc.).

2. In light of the fact that the Defendant had been punished as a crime of violation of the Road Traffic Act over several occasions, and again, the Defendant was under the influence of drinking twice, and the blood alcohol level was relatively high at the time of detection, and furthermore, the victim who reported the driving of drinking to an investigation agency was threatened with the purpose of retaliation by finding two times or more, and the victim who reported the driving of drinking to an investigation agency did not receive a letter from the victim, it is necessary to punish the Defendant more strictly.

However, the distance from which the defendant driven while driving a vehicle was very short to 5 meters, and the place was near the residence, and the content and degree of harm and injury that the defendant notified to the victim inflicted on human life or body was detained for 2 months due to each of the crimes of this case, and the defendant was released from custody for 2 months later due to each of the crimes of this case. After that, the defendant had a low possibility of moving his place of residence from the same building as the store operated by the victim to the present address, and returning the victim to the present address, or finding the victim. The defendant had an attitude of reflecting his own intent to comply with the special rules imposed by the defendant, such as disposing of the vehicle, while he wanted to observe the special rules imposed by the defendant, the defendant was suffering from the strong spine and the economy is not brut, and the defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., the court below's punishment against the defendant cannot be deemed to have exceeded the reasonable scope of discretion.

Therefore, the prosecutor's argument that the sentence of the court below is too unjustifiable can be accepted.

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