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(영문) 대구지방법원 2018.07.20 2017노5640

특수협박등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is improper because it is too uneasible.

2. Each of the instant crimes committed by the Defendant, who is an employee of a convenience store, uses a beer’s disease and intimidation without any special reason and avoiding disturbance at the above convenience store, and is not good to the quality of the crime. There are records of criminal punishment (two times a punishment, one time a suspended sentence of imprisonment, and one time a suspended sentence of imprisonment) due to the same kind of crime, and the absence of agreement is unfavorable circumstances. On the other hand, the fact that the Defendant recognized the instant crime is favorable.

In full view of the above circumstances and other factors, including the Defendant’s age, sex, environment, family relationship, motive for committing a crime, means and consequence of a crime, and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court sentencing committee, the sentence imposed by the lower court is too uneasible and unreasonable.

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