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(영문) 광주고등법원 2020.06.18 2020노113
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for two years and fine for 2,00,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. The sentencing of the court below is too inappropriate.

2. The judgment of the Defendant has long obstructed the restaurant business of the victim, who is the former wife who has been divorced, inflicted bodily injury on the victim during the process, and subsequently threatened the victim with regard to the report to the investigation agency.

The nature of crime is bad in light of the course and method of crime, relationship with the victim, and the record of punishment of violence.

As a result, the victim seems to have suffered considerable pain and shock, and the defendant's punishment is sought.

Such circumstances are disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized the entire crime in this court late and divided his mistake, and the defendant is going to contact or not have access to family members including the victim in the future, etc., which are favorable to the defendant.

In full view of the above circumstances and the defendant's age, character and conduct, family relation, means and result of the crime, various sentencing conditions as shown in the argument of this case, such as the circumstances after the crime, and the range of recommended sentences according to the sentencing guidelines, the lower court's punishment against the defendant is deemed unfair.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are identical to the corresponding column of the judgment below, except where the "written statement of the defendant at the court below" is added to the summary of evidence of the judgment below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 283 of the Criminal Act concerning criminal facts and Article 5-9 (2) and (1) of the Act

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