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(영문) 의정부지방법원 2017.12.20 2017노2907

특수협박등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (eight months of imprisonment) is too unhued and unreasonable.

2. In full view of the factors indicated in the records of the instant case, the lower court’s sentencing appears to have been determined reasonably by fully considering the various sentencing factors asserted by the prosecutor, and there are no special circumstances to the extent that the said punishment will be aggravated.

In the end, the prosecutor's above 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 on the grounds that it is without merit, and is so decided as per Disposition (see Article 25(1) of the Regulation on Criminal Procedure, however, the court below’s application of statutes ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, which is the addition of “Article 53 and Article 55(1)3 of the Criminal Act to the last part of “the application of statutes” of the judgment below.