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(영문) 서울고등법원 2015.06.25 2015노820

폭력행위등처벌에관한법률위반(상습협박)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The punishment of the court below (one year of imprisonment and fine) is too unfeasible and unfair, in light of the fact that the victims suffered pain due to the crime of unfair sentencing committed by the defendant, the nature of the crime is extremely bad, and the defendant's consent to evidence in the court below appears to be the next source of the litigation strategy rather than the counter-infasible source.

2. The lower court’s punishment appears to be somewhat minor, considering the circumstances cited by the prosecutor, or the circumstances unfavorable to the Defendant revealed in the sentencing reason.

However, considering the fact that the Defendant initially committed a crime as an initial crime without a previous criminal record, brought an opportunity to reflect by investigation process and prison life, and even in the trial, the Defendant did not appeal from the perspective of reflectivity, and shows a serious reflective light, such as not evading another crime, etc., it is difficult to find the lower court’s punishment too far as it is unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed on the ground that it is without merit.