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(영문) 대구지방법원 2018.06.28 2018노1315

특수협박등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (10 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unfased and unreasonable.

2. The lower court sentenced the above sentence by taking account of the favorable circumstances, such as: (a) the victims’ desire to take the Defendant’s wife; (b) there was no record of punishment exceeding the fine due to violent crimes; and (c) the punishment for imprisonment with prison labor was somewhat harsh when considering the fact that the Defendant was detained as near the two months in the instant case.

Even in light of the circumstances that are disadvantageous to the Defendant’s nature of the crime, considering the fact that the victims are not subject to punishment against the Defendant, considering the favorable circumstances that the lower court considered, such as the fact that the victims are not subject to punishment, and all of the sentencing conditions, including the Defendant’s age, sex, environment, background leading to the commission of the crime, means and consequence, size of the crime, and circumstances after the crime, it cannot be deemed unfair that the lower court’s judgment of sentencing exceeded the reasonable bounds of discretion or maintains it as it is (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, the prosecutor’s aforementioned assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.