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(영문) 수원지방법원 2018.06.27 2018노144

특수협박등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two years of suspended sentence for eight months of imprisonment, two years of probation, and one hundred and twenty hours of community service order) on the gist of the grounds of appeal is deemed to be too unhued and unreasonable.

2. The Defendant used a motor vehicle to threaten victims ( females and children) who are vulnerable to the crime and damaged property. In light of the method of crime, the crime is not good in light of the method of crime, and the victim D was operating a motor vehicle, and there was a risk of a larger accident.

However, in consideration of the favorable circumstances, such as the fact that the defendant generally repents and reflects his mistake, the victims and vision, and the fact that the defendant committed the crime of this case in a contingent manner until now, the victims have been faithfully living without criminal records, and the victims do not want punishment against the defendant, and all of the sentencing conditions in this case, such as the age, sexual behavior, environment, circumstances and result of the crime of this case, etc., it is not recognized that the sentence of the court below is too uneasible and unfair. Thus, the prosecutor's above assertion is without merit.

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. It is so decided as per Disposition.