(영문) 서울고등법원 2015.06.18 2015노1122 | 리걸엔진

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(영문) 서울고등법원 2015.06.18 2015노1122

특정범죄가중처벌등에관한법률위반(보복협박등)

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The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (ten months of imprisonment) is too large and unfair.

2. It is a condition for sentencing favorable to the defendant, such as the fact that there is no criminal history exceeding the fine imposed on the defendant, the fact that the defendant all recognizes the facts of the crime, and the victim prepared a written agreement with the defendant's children and an application for a written application seeking the preference against the defendant.

However, around May 11, 201, the Defendant: (a) inflicted an injury on the victim’s left-hand hand; (b) interfered with the victim’s business; and (c) interfered with the victim’s business at a restaurant near his/her place of residence, etc. over 11 times from the summer of May 2012 to December 2014 (including interference with the business of the victim on November 6, 2014 among them) and was punished by a fine on January 6, 2015 (including interference with the business of the victim on early police officers) but did not prepare and notify the victim of his/her application for coal; and (d) repeatedly threatened the victim over a considerable period from January 26, 2015 to February 22, 2015, the Defendant appears to be an unfavorable condition for sentencing.

In addition, considering the Defendant’s age, character and conduct, environment, family relationship, the means and result of each of the instant crimes, the circumstances following the crime, etc., as well as the recommended sentencing guidelines (the basic area of intimidation during the crime of intimidation: imprisonment with prison labor for not less than 10 months but not more than 2 years; special mitigation factors: punishment not to be imposed; and special mitigation factors: special mitigation factors for a considerable period of time) it is difficult to deem the sentencing of the lower court is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제4항

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