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(영문) 청주지방법원 2017.08.11 2017노234
공갈미수
Text

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

Reasons

1. The main reasons for appeal are as follows: each sentence (Defendant A: one year of suspended sentence of imprisonment for one year; two years of suspended sentence of imprisonment for two years; and Defendant B: fine of ten million won) declared by the lower court is too uneased and unreasonable.

2. The lower court seems to have sentenced the Defendants to the punishment by taking into account the favorable and unfavorable circumstances to the Defendants.

When comprehensively considering the motive, circumstance, and result of the crime in the trial, the circumstances after the crime, the age of the Defendants, sexual conduct, and the history of punishment, as well as the matters constituting the conditions of the punishment in the trial, the judgment of the court below exceeded the reasonable bounds of its discretion.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

Therefore, we cannot accept all the grounds for appeal by the prosecutor.

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

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