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(영문) 대구지방법원 2019.01.09 2018노3765

특수협박

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of five million won, confiscation) declared by the court below is too unfased and unreasonable.

2. The judgment of the defendant does not know about the fact that he/she had been punished more than 40 times due to violent crimes, etc. and committed the crime of this case again during the period of repeated crime due to the same crime, etc., which is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized the crime of this case and divided his mistake, that the victim did not want the punishment of the defendant by agreement with the victim, that the knife of the knife knife, etc. for mountain, and that the degree of intimidation was not much serious to the victim, etc., are favorable to the defendant.

In addition, there is no special circumstance or change of circumstances that can be newly considered after the sentence of the lower judgment, and considering the following factors, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the sentence that the lower court sentenced is too uneasible and unreasonable.

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