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(영문) 서울고등법원 (춘천) 2018.07.04 2017노188

특정범죄가중처벌등에관한법률위반(보복협박등)

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The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is unreasonable as it is too unfasible.

2. Determination is an unfavorable circumstance that the Defendant made intimidation to the victim for the purpose of having the victim revoke the complaint, and the victim living in the neighbor house of the Defendant appears to have received considerable fear and mental shock due to the instant crime, and that the Defendant was unable to receive a letter from the victim and did not recover any particular damage.

In addition to the fact that the defendant is recognized as committing a crime and is subject to a fine twice due to drinking driving, the fact that the defendant has no criminal record is more favorable.

In light of the fact that there is no change in circumstances that may otherwise determine the punishment for the reason that the defendant was in a trial in various circumstances, and the court below’s punishment against the defendant is too uneasible and unfair, considering all the conditions of sentencing as shown in the argument of this case, such as the defendant’s age, sex, environment, relationship with the victim, motive, means and consequence of the crime, etc., and the circumstances after the crime, etc., so the prosecutor’s allegation of the

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.