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(영문) 전주지방법원 2017.04.21 2016노1734

특수협박

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 7,00,000) is too unhued and unreasonable.

2. In light of the fact that the Criminal Procedure Act of Korea adopts the trial-oriented principle and the direct trial-oriented principle, there exists an area unique to the first deliberation as to the sentencing determination, and the court of appeal’s ex post facto in-depth nature, etc., it is reasonable to respect the first-oriented sentencing where there is no change in the conditions of sentencing compared to the first-class trial, and the first-class sentencing does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). As to the instant case, the instant crime was committed by threatening the victim with a knife that the knife length reaches 20 cm and is not good, and the Defendant did not appear to have threatened the victim, while serving as a repeated offender, and there are many disadvantageous circumstances that the Defendant committed the instant crime, even if having been punished by violence, and that the victim and the Defendant did not want to have any economic discretion and discretion to support the Defendant.

Therefore, the prosecutor's improper argument of sentencing is without merit.

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