(영문) 서울남부지방법원 2020.12.14 2020노1101

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 서울남부지방법원 2020.12.14 2020노1101

특수협박

Text

All of the appeals filed by the prosecutor against the Defendants and Defendant B are dismissed.

Reasons

Summary of the grounds for appeal (unfair form of punishment)

A. The sentence imposed by the court below on the Defendants (the fine of KRW 6,00,000, and the fine of KRW 4,000,000) is too uneased and unreasonable.

B. Defendant B’s penalty (fine 4,000,000) sentenced by the lower court is too unreasonable.

2. In a case 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, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court determined a punishment against each of the Defendants in consideration of the following: (a) the confession and rebuttal in the case of Defendant A; (b) the victim does not want the punishment of the Defendant; (c) the victim does not seem to have significantly high risk of the act of the Defendant in light of the circumstances before and after the commission of the crime; (d) the crime committed during the suspended execution period due to the injury, etc.; (c) the crime committed during the crime of violence; (d) the confession and rebuttal in the case of Defendant B; (e) the victim submitted a written agreement; (e) the victim did not consent to the submission of the written agreement; and (e) the victim did not wish to be punished against the Defendant; and (e) the victim appears to have a little degree of fear in light of the circumstances of the crime

There is no change in the conditions of sentencing compared with the original judgment because new sentencing materials have not been submitted at the trial court. In full view of all the reasons for sentencing as stated by the lower court and the records of the instant case and the reasons for sentencing that were present at the trial process, the lower court’s sentencing is too unfluent against Defendant A, and it is not recognized that the lower court’s sentencing was excessive to Defendant B, or exceeded the reasonable scope of discretion, because it is too heavy

Therefore, prosecutor and defendant B's assertion are rejected.

3. Accordingly, the Prosecutor’s appeal against the Defendants and Defendant B-related.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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-부산지방법원 2019.01.17 2018노4002

-수원지방법원 2013.04.11 2013노662