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(영문) 부산지방법원 2020.05.15 2019노2686

공갈등

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of fines of KRW 15 million, and fines of KRW 5 million) of the lower court’s sentence (e.g., fines of KRW 15 million) is too uneased and unreasonable.

2. The lower court determined the Defendants’ punishment by taking into account the favorable and unfavorable circumstances to the Defendants, as seen above.

In full view of all the circumstances that serve as conditions for sentencing in this court, the judgment of the court below was judged to have exceeded the reasonable scope of its discretion, or there is no special change in circumstances that may change the sentence of the court below.

In addition, even if comprehensively considering the factors revealed in the proceedings of the instant case, such as the Defendants’ age, environment, circumstances, and consequence of the crime, etc., the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion because it is too unfasible.

The prosecutor's assertion of unfair sentencing is without merit.

3. The appeal against the Defendants by the prosecutor of the conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.