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(영문) 대전지방법원 2016.11.10 2016노2153

특수협박등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court against the Defendant is deemed unreasonable.

2. Determination is an unfavorable circumstance where the Defendant did not agree with the victim.

However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means, and consequence, the Defendant’s sentence against the Defendant is too uncomfortable and unfair, and thus, 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 as it is without merit. It is so decided as per Disposition.