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(영문) 광주지방법원 2017.05.18 2016노1974

특수협박

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. The fact that the judgment defendant has been punished several times for violence-related crimes is disadvantageous to the defendant.

However, considering the fact that the physical disability of the defendant exists, the victim does not want the punishment of the defendant, and the fact that the defendant wants to be punished, and other circumstances revealed in the arguments of this case, such as the defendant's age, sexual conduct, environment, motive and consequence of the crime, and circumstances after the crime, the court below's punishment is too uneasible and unfair. Thus, the prosecutor's assertion is rejected.

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.