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광주고등법원 2020.01.14 2019노407

The defendant's appeal is dismissed.


1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. The circumstances favorable to the Defendant include the following: (a) the Defendant recognized that the Defendant committed each of the instant crimes, thereby constituting a mistake; and (b) the degree of assault and damage among each of the instant crimes cannot be deemed to be very serious.

On the other hand, each of the crimes of this case is an unfavorable circumstance to the defendant, such as intimidation against the victims who are neighboring residents for the purpose of retaliation or dangerous objects or for the reason that they are being caught, assaulted, damage to the stack of burial operated by the victim, the victims want to severely punish the defendant, and the defendant has committed several identical crimes against the victims during that period in addition to each of the crimes of this case. The defendant again committed each of the crimes of this case during the period of repeated crimes of the same kind, even though they were repeated crimes of the same kind, the defendant again committed each of the crimes of this case, and the defendant has the ability to punish more than 30 times for the same and different crimes, including several penalties for the same crimes of the same kind.

If there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect the sentencing of the first instance court as an appellate court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, the circumstances alleged by the health team and the Defendant as an element of sentencing were already revealed and sufficiently considered in the hearing process of the lower court. There was no particular change in the situation regarding the matters subject to sentencing after the lower judgment was sentenced.

In addition, the circumstances that the court below rendered on the grounds of sentencing, including the defendant's age, occupation, character, conduct and environment, the means and consequence of the crime, motive of the crime, circumstances after the crime, etc., various conditions of sentencing as well as the sentencing guidelines of the Supreme Court Sentencing Committee.