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(영문) 부산고등법원 (창원) 2015.03.18 2014노419
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that there are favorable factors for sentencing, such as that the defendant's failure to drink and reflects his criminal act, and that the defendant compensates for damages to most victims.

However, the crime of this case and the crime of this case, which are recognized by evidence, evidence law, and legal principles, are the fact that the defendant was sentenced to 6 months of imprisonment with prison labor due to a crime committed by an integrative confinement, and the execution of the sentence was completed, and even during the repeated crime period, the defendant committed each of the crime of this case against the victim D during the crime of this case. The crime of this case is deemed to have a relation with a community violence, and the nature of the crime is not good. Of the crime of this case, the crime of obstruction of business and intimidation are also committed against the victim who is vulnerable to the crime, and the crime is also committed against the victim who is vulnerable to the crime, and its nature is not good.

In full view of the aforementioned factors and sentencing guidelines, sentencing cases on similar cases, Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, means and consequence of the instant crime, and other circumstances revealed in the pleadings, the sentence imposed by the lower court cannot be deemed to be excessive to the extent that it should be reversed.

Therefore, the defendant's assertion is without merit.

[General Basis for Determination of Punishment, etc. of Specific Crimes] - Many Crimes - Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes - Crimes: Violence crime group, intimidation group, Types 5 (Intimidation for Retaliatory), 5 (Intimidation for Retaliatory), imprisonment of Punishment, etc. - Assault crime: General Assault group, types 1 (less than KRW 30 million) and 1 (less than KRW 30 million), repeated crime, non-criminal, etc. - Fraud: Fraud crime group, general fraud, type 1 (less than KRW 100,000), the same repeated crime, and cases where considerable damage is recovered, etc.

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