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(영문) 부산고등법원 2016.02.17 2015노823
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court sentenced the Defendant to the exemption of punishment for each of the crimes listed in subparagraphs 1 and 2 of the judgment among the facts charged in the instant case [10 months of imprisonment with prison labor for each of the crimes listed in subparagraphs 1 and 2 of the judgment (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, intrusion upon residence, damage to property, and interference with each business], and for each of the crimes listed in subparagraphs 3 of the judgment (the violation of the Punishment of Minor Offenses Act), and only the Defendant appealed for the reason that the sentencing was unfair for each of the crimes listed in subparagraphs 1 and 2 of the judgment of the lower court. As such, the part of the crime

2. The decision of the court below against the defendant on the summary of the reasons for appeal is too unreasonable.

3. In light of the circumstances favorable to the defendant, each of the crimes of this case is deemed to have committed each of the crimes of this case under the mental and physical weakness due to editing mental division, etc., even though the defendant found D for the purpose of retaliation against the report of crime, thereby infringing upon the victim's residence, damaging property, and threatening the victims by force, such as breathing the victims while under the influence of alcohol against the majority victims, and obstructing the victims' business operation, etc., in light of the circumstances of the crime, the method and contents of the crime, the risk of the crime, etc., and the defendant breathing against neighboring residents and merchants under the influence of ordinary breath, it appears that the defendant was unable to receive a considerable amount of damages due to the crime of this case, such as being treated with hospital reaction, and the fact that there was no record of punishment above the suspension of execution of sentence, the sentencing guidelines set forth in the Criminal Act and the sentencing guidelines set forth in Article 15 of the Criminal Act.

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