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(영문) 울산지방법원 2019.11.21 2019노1025
특수협박등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The crime of the special intimidation in this case is deemed to be excessive to both descendants, and the crime of the special intimidation in this case is committed by the defendant while leaving the victim's house in the victim's house, and its nature and circumstances are not good.

Despite the history of four times of punishment for the same kind of property damage and violence crimes (one time of suspension of execution of sentence, three times of fines), there is a high possibility of criticism for the crime of this case.

The above is the circumstances unfavorable to the defendant.

However, it is recognized that the Defendant led to confession and mistake of the instant crime, the victims of the crime of causing property damage appear to be relatively minor, the fact that under the influence of alcohol, each of the instant crimes appears to have been avoided, and that there is no criminal penalty force exceeding the suspension of execution, the fact that there seems to be somewhat difficult economic situation while maintaining his livelihood as the day of daily work, and that there seems to have been time to think of his wrong behavior while living in prison for about 110 days.

The above is the circumstances favorable to the defendant.

As such, considering the unfavorable or favorable circumstances to the defendant, all of the sentencing conditions shown in the arguments, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee ( Imprisonment between April and February 10)

1. Scope of punishment by law: Imprisonment with prison labor for one month to six years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Group 1 (Special Intimidation) Crimes (Special Intimidation) [Article 4] Crimes against Intimidation [Attachment 4] There is no repeated offender or special intimidation (Special Intimidation) [Scope of Recommendation and Recommendation] [Scope of Recommendation and Recommendation] Basic Field, from April to June 1;

(b) Class 2 crime (determination of types) (Destruction of property damage), general standards [Class 1] damage to property, etc. (Special Convicts) shall be the recommended area and the recommended area.

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