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(영문) 전주지방법원 2016.11.04 2016노1202

특수협박

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of eight million won) of the lower court is too uneased and unreasonable.

2. The crime of this case was committed on August 25, 2015 by the victim, who was the victim of this case, was sentenced to a suspended sentence of one year for an attempted crime of extortion in the Jeonju District Court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch

On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake in depth, that the victim does not want the punishment of the defendant, that the family members of the defendant want the defendant's prior wife by mutual agreement with the victim, that the defendant's family members want the defendant's prior wife, and that the defendant again does not repeat the above mistake, is favorable to the defendant.

In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, character and conduct, and environment, etc., as seen above, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.