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수원고등법원 2019.10.02 2019노287
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and one year and six months) set by the court below are excessively unreasonable.

2. The fact that the defendant was aware of all his/her criminal act and reflects on his/her criminal act is favorable to the defendant.

However, even before the crime of this case was committed, the Defendant had already been punished several times against the same victim by exercising domestic violence. In particular, the Defendant committed the same kind of crime without being informed even though he was sentenced to a suspended sentence of two years on March 9, 2018, due to the crime of special assault and property damage against the victim, which was sentenced to a suspended sentence of six months by the Suwon District Court on March 9, 2018, and the judgment became final and conclusive on March 17, 2018, and was still under the suspended sentence period.

In addition, the Defendant issued ad hoc measure on February 14, 2019, ordering the victim to refrain from accessing telecommunications by committing the instant special injury, damage to property, etc. (see, e.g., e., see, e., e., e., e., see, e., e., e., s.g., 50).

The Defendant did not receive a written application from the victim [it is alleged that the Defendant had reached an early agreement with the victim (see, e.g., the grounds of appeal submitted by the Defendant on Aug. 20, 2019), but there is no evidence to acknowledge it]. The victim also complained of mental suffering due to the instant crime.

(See Article 127 of the Criminal Procedure Records). Such circumstances are disadvantageous to the defendant.

In light of these circumstances, the lower court’s recommendation and sentence of sentencing criteria (one year to three years) presented by the Supreme Court Sentencing Committee (one year to ten March 10) are comprehensively taken into account the following: (a) there is no change in circumstances that may change the sentence of the lower court in the trial; and (b) the Defendant’s age, character, environment, motive, means and consequence of a crime; and (c) the Defendant’s motive, means and consequence of a crime.