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(영문) 창원지방법원 2016.11.24 2016노1542

특수협박

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty of the lower judgment (4 million won of a fine) is too unfied.

2. The judgment is based on the following facts: (a) the instant crime threatens a victim on the part of the vehicle, which is highly dangerous; (b) the fact that the victim did not agree with the victim is an unfavorable reason for sentencing; and (c) the confession of the crime is against the victim; and (d) the fact that the same criminal record does not exist

In full view of the above sentencing factors, in light of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters pertaining to the sentencing indicated in the records and arguments in this case, the Prosecutor’s assertion is without merit.

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. It is so decided as per Disposition.