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(영문) 대구지방법원 2019.01.09 2018노4312

특수협박

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) is too unhued and unreasonable.

2. The judgment of the defendant has several records of punishment for imprisonment with prison labor for the same crime, and the defendant's failure to obtain a letter from the victim is disadvantageous to the defendant.

The lower court appears to have determined the sentence against the Defendant by fully reflecting these factors of sentencing, and there are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the lower judgment, and considering the following factors: the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and all of the sentencing conditions stated in the records and arguments of this case, such as the circumstances after the crime, it cannot be deemed that the sentence imposed by the lower

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.