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(영문) 서울동부지방법원 2016.04.15 2015노1679

협박

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

The gist of the grounds for appeal by the defendant is that the sentence of the court below which sentenced the defendant to a fine of 4,00,000 won is too unreasonable in light of the circumstances leading to the crime of this case. On the other hand, the gist of the grounds for appeal by the prosecutor is that the defendant had been punished by an act of violence several times, such as suspension of execution and a fine, etc., but the defendant has already been punished by an act of violence. However, in light of the nature of the crime, etc., the above sentence of the court below is too unreasonable and unfair.

In addition to the above circumstances asserted by the Defendant and the Prosecutor, the lower court appears to have determined the type and quantity of punishment in light of the Defendant’s age, environment, and circumstances after the commission of the crime, and thus, it cannot be deemed that the above sentence of the lower court is appropriate, and is too heavy or too unreasonable.

Therefore, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.