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(영문) 부산지방법원 2020.02.06 2019노4061
특수협박등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (two years of imprisonment and fines of two hundred thousand won) is too unreasonable.

2. Determination

A. According to the records, the court below determined the punishment in consideration of various sentencing factors, including the following: (a) the poor quality of the crime in light of the process and method of the crime; (b) the frequency of the crime; (c) most of the damage has not been recovered; (d) the history of punishment for the same kind of crime has been several times; and (e) the same type of crime was committed during the period of repeated crime; (c) the mistake has been divided and reflected; and

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons revealed in the oral proceedings, the lower court’s sentencing is too inappropriate and it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the argument of unfair sentencing is without merit.

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

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