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(영문) 인천지방법원 2020.11.06 2019노4293

특수협박

Text

The prosecutor's appeal is dismissed.

An application for compensation filed by an applicant for compensation in the trial of the party shall be dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months and one year of suspended execution, confiscation) that the court below sentenced to the defendant is too uneasible and unfair.

2. We examine the judgment on the grounds of appeal, and there is no change of circumstances to consider the sentencing after the judgment of the court below, and considering the various sentencing conditions in the records and arguments of this case, the court below’s punishment is too uneasible and unreasonable even when considering the circumstances alleged by the prosecutor as the grounds of appeal.

3. The offense of special intimidation against the judgment on the application for compensation by the trial at the trial does not constitute an offense subject to a compensation order under each subparagraph of Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, so the application for compensation by the applicant for compensation by the trial

4. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit, and the application for compensation by the applicant for compensation at the trial is dismissed in accordance with Article 32 (1) 1 and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings