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(영문) 청주지방법원 2020.05.15 2019노943

특수협박

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (six months of imprisonment, two years of suspended execution) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The following are the circumstances favorable to the Defendant: (a) the Defendant’s recognition of the crime and reflects the fact that the Defendant was committed in the first instance trial; (b) the elderly’s health is insufficient.

On the other hand, the crime of this case was committed on the ground that the defendant, who is an employee of a mobile phone agency, was tried to prosecute the victim's stolen goods, and the crime of this case was committed with knife and glife with the knife and glife, which are dangerous objects, and thus, the nature of the crime is not good, and the victim did not agree with the victim, and the victim wanted to blife the

In addition, comprehensively taking account of the following factors, such as the character, conduct, environment, and circumstances leading to the Defendant’s crime, etc., the lower court’s punishment cannot be deemed as excessively heavy or unreasonable.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.