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(영문) 부산고등법원 2019.05.15 2019노101
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of imprisonment and fine of 600,000 won) is too unhued and unreasonable.

2. Determination

A. The relevant legal doctrine is an unreasonable sentencing case where the sentence of the lower judgment is too heavy or too minor in light of the content of the specific case.

Where there is no change in the conditions of sentencing compared to the original judgment, and the sentencing of the original court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect the sentencing of the original judgment.

On the other hand, in a case where it is deemed that the sentencing judgment of the court below exceeded the reasonable limit of its discretion when comprehensively considering the factors and sentencing criteria that are the conditions of the sentencing as shown in the court below’s sentencing process, or where it is deemed unfair to maintain the sentencing judgment of the court below in full view of the materials newly discovered in the appellate court’s sentencing process, the appellate court shall reverse the unfair judgment of the court below.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

We examine whether the sentence of the lower judgment, which returned to the instant case, is too unhued and unreasonable in light of the substance of the specific case.

According to evidence records, especially evidence records, 37 or less criminal records, it is confirmed that the defendant has many criminal records from 1992 to the day before each of the crimes of this case. Nevertheless, the defendant committed various kinds of crimes of this case. However, as the prosecutor properly pointed out in the appellate brief, the defendant seems to lack the awareness of compliance significantly.

In addition, among the crimes of this case, the defendant steals tobacco from the convenience store before.

The nature of the crime is poor, including the following: (a) the complaint against the punishment imposed by a fine; (b) the head of the convenience store; (c) the head of the convenience store; and (d) the head of the convenience store; and (c) the punishment imposed by imprisonment for ten months for the obstruction of performance of official duties in 201; and (d)

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