특수협박등
The prosecutor's appeal is dismissed.
1. The sentence imposed by the lower court (six months of imprisonment, two years of suspended execution, two years of protection observation) on the summary of the grounds of appeal is too unfased and unreasonable.
2. It is recognized that the nature of the instant crime is not good in light of the background of the crime, the method of the commission of the crime, the relationship between the Defendant and the victim, etc., and on the other hand, the Defendant is deemed to have recognized all the instant facts charged, and there is no criminal record other than once a fine due to other crimes, and there is no other criminal record against the Defendant. The lower court ordered the Defendant to be protected and observed, and imposed special matters such as “not approaching the victim within 100 meters”, “not to have access to the victim,” and “not to have drinking more than one volume of drinking,” and considering the Defendant’s age, sexual behavior, environment, family relationship, circumstances after the crime, etc., the lower court’s punishment is too uneasy and unfair. Thus, the Prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (5) of the Criminal Procedure Act, since it is obvious that the prosecutor's appeal is groundless. It is so decided as per Disposition.