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(영문) 서울고등법원 2014.10.31 2014노2049
폭력행위등처벌에관한법률위반(상습공갈)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant habitually committed a crime of conflict, injury, assault, threat, etc. against victims who operate singing stores or packaging, and thereby interfered with the victims’ operations.

The defendant had been able to exercise violence against the victim for the purpose of retaliation on the ground that the victim E had been sentenced to previous imprisonment with labor due to the report of the victim E.

In light of the specific details and circumstances of each of the crimes in this case, the number and frequency of the crimes in this case, etc., the nature of the crimes is serious.

There are many harm caused by crimes in that there is apprehensions about the victims as well as the neighboring citizens.

Until now, the defendant has been punished more than 40 times for violent crimes, and the defendant committed the crime immediately immediately after being released without being aware of the execution of the last sentence on September 3, 2013.

According to this, it is necessary to strictly punish the defendant.

However, there are circumstances that should be considered in sentencing as follows.

The agreement was reached with the victim M.

In the past, the defendant has recognized the crime and has committed the crime in depth.

The defendant's mother appeals against the defendant's wife.

In full view of all the sentencing conditions in the instant case including the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the result of the application of the sentencing guidelines by the Supreme Court Sentencing Committee, the sentence of the lower court against the Defendant is deemed unreasonable.

B. Therefore, the defendant's assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

b) the summary of the evidence and evidence.

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