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(영문) 서울동부지방법원 2016.09.01 2016노301
특수협박
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the original court’s punishment (two years of imprisonment for a term of August suspension, one year of probation, and 80 hours of community service) is too unhued and unreasonable;

2. The same year as the Seoul Central District Court sentenced the defendant to a suspended sentence of two years for one year for a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) at the Seoul Central District Court on January 16, 2014;

1. Although the judgment of 24. The defendant committed the crime of this case without being aware of the fact that the defendant had no intention to cause more harm to the victims at the time of the crime of this case, considering the fact that the defendant paid 50,000 won to the victims and agreed smoothly at the court below, that there is no possibility that the defendant could transfer his residence to the victims in the future, that there is no possibility that the defendant will cause harm to the victims in the future, and that the defendant has divided his mistake, the execution of the punishment shall be suspended after selecting the defendant who had been subject to the above suspended sentence, and that the court below's punishment added to probation and community service order shall not be deemed to be unjust because the above suspended sentence is too unreasonable.

3. Accordingly, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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