특수협박등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of suspended sentence in eight months of imprisonment, confiscation) is too unhued and unfair.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the various sentencing conditions stated in the records and pleadings of this case, the lower court’s punishment is too unreasonable even if considering the circumstances asserted by the prosecutor as the grounds for appeal, such as: (a) there is no change in circumstances to consider the sentencing following the lower judgment; (b) there is no domestic penal power against the Defendant; and (c) there is no domestic penal power against the Defendant; and (d) the Defendant expressed his intent that the said victims would not be punished against the Defendant.
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.