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(영문) 서울고등법원 2014.06.19 2014노931
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and nine months of imprisonment) is too unreasonable.

2. The crime of this case committed by the defendant shows a strong attachment to the victim C who had a relationship with the victim C, and as a result, the crime of this case was committed more and more.

The defendant has led to the confession of all crimes from the court below, and submitted a number of objections, and has returned to society after being released, and has led to a change in the form of change after being released and has been able to live in good faith with his family members.

However, even in 2008, the Defendant committed the same kind of crime against women who had attended at the time and had been sentenced to a suspended sentence of one year in August, and had been sentenced to a suspended sentence of one year, but again committed the instant crime.

The Defendant repeatedly bullying the victim C on the ground of minor cause, and made intimidation to the victim H, who is the father of the said victim, in order to cancel his/her complaint even after being investigated by an investigative agency with the said victim’s report, and thus, the crime is not very good.

In particular, it is necessary to strictly cope with retaliation crimes in that they interfere with the proper exercise of judicial power and undermine the people's trust in the judiciary.

Although the Defendant had suffered severe physical and mental pain, and it seems that the victims might suffer from psychological anxiety for a considerable period of time, the Defendant did not make any effort to recover the victims from their damage.

In addition, considering the character, conduct, environment, circumstances, and result of the crime committed by the defendant, all of the sentencing conditions in the case, such as the circumstances after the crime, the sentence of the court below is appropriate, and it is not determined that it is improper because it is too unreasonable.

3. The defendant's appeal is dismissed on the ground that it is without merit.

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