특수협박
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the nature of the crime in light of the risk of the means of the instant crime and the form of the act in light of the nature of the act, etc. is not less than that of the victim, and thus, the lower court’s punishment (2.5 million won of fine) is too unfeasible and unreasonable.
2. We examine the determination of the grounds for appeal, and the above circumstances alleged by the prosecutor are deemed to have been sufficiently taken into account when determining the punishment at the lower court. Moreover, considering the following factors: (a) the Defendant has no specific penalty power except for the punishment imposed as a minor fine; (b) the Defendant was aware of the fact of the instant crime; (c) reflects in depth the mistake; and (d) the circumstances that may be considered in the course of the instant argument, such as the circumstance that led to the instant crime, were observed, it does not seem that the lower court’s sentencing is too unfeasible and goes beyond the reasonable scope of discretion.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.