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(영문) 부산고등법원 (창원) 2015.02.04 2014노386
폭력행위등처벌에관한법률위반(상습공갈)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. Since the investigation agency, the defendant suffered treatment before the crime of this case, after suffering from alcohol dependence, depression, etc. since before the crime of this case, and the above circumstance seems to have affected a certain part of each crime of this case is recognized as favorable sentencing factors or objective and neutral sentencing factors, such as the fact that the defendant has committed a crime against his own mistake in depth, the degree of each damage suffered by individual victims, and the defendant has received treatment from suffering from alcohol dependence, depression, etc.

However, each of the crimes of this case recognized by evidence, evidence law, and legal principles is that the defendant 4 times from 203 to 201, in addition to the punishment of imprisonment with prison labor for a special robbery in 191 and 4 years, the defendant was charged with violence, such as assault, damage of property, insult, obstruction of work, etc., and the nature of the crime is not good. The number of crimes revealed is excessive. In addition, the victim D of the crime of paragraph (1) of the original decision of the court below is not recovered from the victim's damage, the victims were not sufficiently punished against the defendant. In addition, the defendant was sentenced to imprisonment with prison labor for more than 2 years and 6 years and 4 years since 203 as a special robbery, and was sentenced to the punishment of this case, such as the Punishment of Violences, etc. Act, the crime of bodily injury, the crime of insult, and the crime of assault and insult, etc., and the defendant was punished with 31 million won and non-prosecution charges of this case.

The above factors of sentencing are as follows.

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