특수협박
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (three million won of a fine) is too unhued.
2. In light of the type of crime, danger, etc., the Defendant’s act of causing severe danger not only the other driver of the vehicle or the passenger, but also the other driver of the vehicle driving in the latter, and thus, the Defendant’s strict punishment is an unfavorable circumstance against the Defendant.
However, in full view of the following circumstances, the Defendant’s recognition of all of the instant offenses, the primary offender who has no record of criminal punishment in the past, the fact that there is no circumstance or change of circumstances that may be newly considered in sentencing after the judgment of the lower court was rendered, and the Defendant’s age, character and conduct, environment, developments leading to the instant offense, the means and consequence of the instant offense, and other circumstances that form the conditions for sentencing as specified in the process of the trial and the records, such as the circumstances after the commission of the instant offense, cannot be deemed unfair, and thus, the Prosecutor’s assertion of unfair sentencing is rejected.
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.