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(영문) 서울중앙지방법원 2016.12.02 2016노3899

특수협박

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for a period of six months) of the first instance shall be too unhued and unreasonable;

2. In the instant case where there is no particular change in the sentencing conditions that could be considered to the Defendant when the appellate court rendered a judgment, taking into account the various circumstances indicated by the first instance court as the grounds for the suspended sentence, including the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, etc., it is difficult to view that the sentence imposed by the first instance court is too unjustifiable because it goes beyond the scope of sentencing discretion, and is too unreasonable.

Therefore, the prosecutor does not accept the prosecutor's allegation of unfair sentencing.

3. Conclusion, the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act.