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(영문) 부산고등법원 2015.12.23 2015노600
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the reasons for appeal by the prosecutor is that the sentence of the court below's sentence against the defendant (two years of imprisonment with prison labor and three years of suspended execution) is too unfluent and unfair.

Therefore, each of the crimes of this case is a crime committed by the defendant, taking into full account the following factors: (a) the defendant threatened many victims with the purpose of retaliation against reporting a crime; and (b) destroyed the building and restaurant where other people live; (c) interfered with the business of the restaurant and hospital; and (d) damaged the motor vehicle and entrance; (b) the defendant is liable for the crime in light of the circumstances leading up to the crime; (d) the method and content of the crime; and (e) the defendant led to the confession of each of the crimes of this case; (c) the defendant was in a state of mental and physical disability caused by the alcohol or alcohol dependence; (d) the fact that the defendant was under the influence of alcohol at the time of the crime of this case; (e) the fact that most victims do not want punishment against the defendant; (e) the defendant did not want to be punished against the defendant; and (e) the fact that the victim does not have any criminal record; and (e) the overall sentencing conditions of sentencing prescribed in Article 51 of the Criminal Act and the sentencing guidelines established by the Sentencing Committee.

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

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