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(영문) 서울고등법원 2019.10.31 2019노1924
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The Defendant recognized all of the instant crimes against the Defendant for the first time in the judgment of the lower court, and is in profoundly against his mistake.

The victims of special intimidation and interference with business expressed their intention that they do not want to be punished against the defendant.

The defendant is attempting to refrain from committing the same kind of crime by refraining from drinking after being released from prison.

These circumstances can be considered as a factor favorable to the sentencing of the defendant.

However, the above circumstances appear to be that the defendant asserted in the court below or that the court below took full account of all the factors in determining the punishment against the defendant.

Considering such circumstances and various circumstances as indicated in the column of “decision of sentence” of the lower judgment, and the following circumstances: (a) the Defendant posing a beer who is a dangerous object and threatened a female victim; (b) the Defendant repeatedly committed a crime of interference with business against the same victim, etc.; and (c) the Defendant committed the same kind of violence and obstruction of business; and (b) all of the instant crimes were committed during the period of repeated offense; and (c) other sentencing conditions as indicated in the instant argument, including the Defendant’s age, character and conduct, environment, motive for the crime, and circumstances after the crime, etc., the lower court’s sentencing is appropriate and does not seem to have exceeded the reasonable scope of discretion; and (d) there is no significant change in the conditions of sentencing in the trial; and therefore, it cannot be deemed unfair because the sentence imposed by the lower

We do not accept the above arguments of the defendant.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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