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(영문) 부산고등법원 2015.05.07 2015노130
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court dismissed each of the charges on the ground that the victim had withdrawn his/her wish to punish the Defendant as to intimidation on the grounds that the victim had withdrawn his/her complaint against the Defendant regarding insult among the facts charged in the instant case.

As to this, the defendant appealed on the ground of unreasonable sentencing only for the remaining guilty portions except the above dismissed portion, each dismissed portion was excluded from the object of attack and defense between the parties, and there is no matter to be deliberated and decided ex officio.

Therefore, the scope of this Court's adjudication is limited to the conviction of the original judgment, and the conclusion of the original judgment is not followed with respect to each dismissed part.

2. The sentence imposed by the lower court in light of the various sentencing conditions in the instant case’s summary of the grounds for appeal is too unreasonable.

3. Examining the various sentencing conditions in the instant case, the circumstances favorable to the Defendant are as follows: (a) the Defendant committed all the instant crimes, while having committed the instant crimes, has divided his mistake and expressed in depth; and (b) the victims do not want the punishment of the Defendant.

However, prior to the instant case, the Defendant had been already punished four times or more as a crime related to the same kind of violence, and in particular, on May 1, 2014, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) at the Busan District Court on May 9, 2014, which became final and conclusive on May 9, 2014, and committed each of the instant crimes against neighbors without being aware of the fact that he/she was during the suspended sentence, and the lower court repeatedly committed each of the instant crimes against neighbors. The lower court sentenced ten months of imprisonment within the scope of the recommended sentence set out in the sentencing guidelines (one to one year and four months), and the motive, background, method,

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