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(영문) 창원지방법원 2016.09.29 2016노1019
협박등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of suspended sentence in six months of imprisonment) is unreasonable because it is too unfasible.

2. The following facts are the most favorable sentencing grounds: (a) the fact that there is no good quality of the crime, such as threatening the victim with whom the victim was in a relationship with the defendant, and blocking the privacy of the victim in the page North Korea account of the department where the victim was in a relationship; (b) the fact that the victim did not agree with the victim is a disadvantageous sentencing ground; (c) the defendant led to the confession of the crime; (d) the degree of injury is not severe; and (d) the degree of injury is not severe; and (e) the balance with the case where the defendant is judged simultaneously with the crime of violation of the Punishment of Violences Act

The Prosecutor’s assertion is without merit, given that the judgment of the court below is reasonable, in light of the above sentencing factors comprehensively considering 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 as indicated in the records and arguments of this case.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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