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(영문) 서울서부지방법원 2016.09.08 2016노726

협박등

Text

The prosecutor's appeal is dismissed.

Reasons

The main point of the prosecutor's appeal is that the court below's punishment (5 million won of fine) is too unfluent and unreasonable.

It is recognized that the crime of this case is a threat to ordinary citizens on the ground that he reported the defendant who was in urology and assaulted police officers who were performing legitimate official duties, and the nature of the crime is bad and not agreed with the victims.

However, in full view of the following factors: (a) the Defendant led to the confession of all of the instant crimes; (b) the Defendant deposited some money for police officers; (c) the Defendant appears to have become a part of the instant crimes under investigation by an investigative agency on the day of the instant case; (d) the extent of the instant assault is relatively heavy; (b) the Defendant did not have the same criminal power; and (c) other factors of sentencing as indicated in the instant pleadings, such as the Defendant’s age, character and conduct, the background and consequence of the instant crimes; and (d) the circumstances after the instant crimes, etc., the Prosecutor’s assertion is not reasonable, since the lower court’s punishment is too unreasonable.

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