beta
(영문) 인천지방법원 2020.10.23 2020노2343

협박

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court to the Defendant (ten months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of various sentencing conditions in the instant records and pleadings, such as: (a) there is no change of circumstances that may be considered in sentencing after the lower judgment; and (b) the Defendant did not agree with the victim; and (c) there is no need to consider the circumstances asserted by the Defendant and the Prosecutor as the grounds for appeal, even if considering the circumstances asserted by the Defendant and the Prosecutor as the grounds for appeal, the lower court’s punishment is too heavy or it does not seem to have

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.