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(영문) 광주지방법원 2017.05.25 2016노2567

특수협박

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of six months, the suspension of execution of two years, and the community service work hours of 120 hours) is too unhued and unreasonable.

2. The instant crime was committed in a knife with a knife and with a knife at the new wall time, and the method of committing the crime is very dangerous, and the victim seems to have stimulated a considerable fear of fear is disadvantageous to the Defendant.

On the other hand, the following conditions are favorable.

The defendant recognized the crime of this case and is against the law.

At the investigation stage, one million won was deposited for the victim at the investigation stage, and the victim does not want to be punished by the defendant by mutual agreement with the victim.

There is no record that the defendant has been punished beyond a fine.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and other various sentencing conditions as shown in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too unfasible and it is not deemed unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.