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(영문) 서울서부지방법원 2016.12.01 2016노1067

특수협박

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (a fine of four million won) is too unhued and unreasonable.

2. The court below's sentence is appropriate in full view of all the circumstances indicated in the arguments and records, including the following: (a) the defendant's act of committing the crime was inferior, such as marking the food knife for the main purpose, threatening the victim, etc.; (b) the defendant has been subject to criminal punishment several times due to the same kind of crime committed against the victim; and (c) the defendant committed the crime of this case without being aware of the fact that he committed the crime of this case during the repeated crime; (d) the confession and the mistake of the defendant; (e) the victim led the defendant to his preference against the defendant; (e) the victim wanted to keep his prior treatment; and (e) the defendant seems to need continuous treatment; and (e) the sentencing of the court below is reasonable.

The prosecutor's assertion of unfair sentencing is without merit.

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