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(영문) 수원지방법원 2014.11.27 2014노3203

협박

Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below against the defendant in light of the gist of the grounds for appeal is unreasonable because the punishment of a fine of 300,000 won is too unhued.

2. In light of the circumstances and methods of the crime committed by the victim with which the victim, who had been in an internal relationship with the determination, requested that the victim be aware of the unknown fact in the course of demanding the hedging, and the circumstances leading up to the crime committed by the victim, the nature of the crime in this case is not somewhat weak, and the fact that the victim did not agree with the victim is disadvantageous to the defendant.

However, in light of the fact that the defendant led to confession of the crime in this case, there is no criminal record of the same kind as the crime in this case, and there is no record of criminal punishment exceeding the fine, and that the defendant moved to another area to cut off the relationship with the victim, it seems that there is no risk of recidivism. In addition, comprehensively taking account of various sentencing factors in this case, such as the defendant's age, character and behavior, occupation and family environment, the background and result of the crime, the circumstances after the crime in this case, etc., it cannot be deemed that the

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