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(영문) 수원지방법원 2017.04.20 2016노5291

특수협박등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two million won in penalty) against the Defendant as to the summary of the grounds for appeal is deemed unreasonable.

2. The following facts: (a) the Defendant had been punished twice as a crime related to violence; (b) the Defendant was subject to family protective disposition once; (c) the Defendant’s use of a knife and knife the knife and assaulted the victim; and (d) the Defendant did not reach an agreement with the victim of the assault case.

However, in full view of the following: (a) the Defendant recognized the entire mistake of the Defendant; (b) the victim of a special assault and a special intimidation agreed with the victim so that the victimized person would not be punished by the Defendant; and (c) other various sentencing conditions specified in the argument of the instant case, such as the Defendant’s age, sexual behavior, environment, circumstances after the commission of the crime; and (d) the circumstances after the commission of the crime, etc., the Prosecutor’s assertion is groundless.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.