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(영문) 대전지방법원 2019.09.26 2018노3803
협박
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The penalty imposed by the lower court on the grounds of unfair sentencing (4 million won of a fine) is too unreasonable.

2. The determination of sentencing is based on the statutory penalty, with a discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act, based on which our Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area of the first instance trial regarding the

In addition to these circumstances and the ex post facto nature of the appellate court, it is reasonable to respect the sentencing conditions in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, and to refrain from rendering a sentence that does not differ from the first instance court on the sole ground that the sentence of the first instance falls within the reasonable scope of discretion, even though the sentence of the first instance court is somewhat different from the opinion of the appellate court,

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court appears to have determined a sentence by taking into account the unfavorable circumstances and favorable circumstances against the Defendant.

In full view of the records of this case and the various conditions of sentencing revealed in the trial process, the sentencing of the lower court is not deemed to have exceeded the reasonable scope of discretion. Although the Defendant, while denying the facts charged in this case at the lower court, led to the Defendant’s confession of the facts charged in this case at the trial, it is difficult to view that such alteration alone is unreasonable to maintain the sentencing of the lower court.

Therefore, it is not recognized that the sentence of the court below is too unreasonable because it is too large.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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