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(영문) 서울고등법원 2016.03.18 2015노3566
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one and half years of imprisonment) on the defendant is too unreasonable in light of the gist of the defendant's appeal.

2. The circumstances favorable to the defendant are that the defendant led to confession and reflect on his own crime, and agreed with the victims about the crime of intimidation and the crime of interference with business.

On the other hand, the fact that the defendant committed the crime of this case during the probation period, the defendant was arrested in the act of insult, and the crime of intimidation was committed against the victim on the day on which he was released on the day when he was arrested as an offender in the act of insult, and the crime of interference with business and violence was committed again after he was arrested as an offender in the crime of this case, and the defendant repeatedly committed a crime against the victims who are under the territorial law, such as interference with business.

In this context, considering various circumstances such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the lower court’s punishment cannot be deemed to be too unreasonable.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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