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(영문) 대전고등법원 (청주) 2017.07.06 2017노59
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unlawful in sentencing) that the court below sentenced (one year of imprisonment, two years of suspended sentence, observation of protection and order to attend a lecture) is too uneasible and unfair.

2. The crime of this case was committed by force against a female victim who did not have any error in the course of the Defendant’s taking advantage of force against the victim, and subsequently by finding the victim under intimidation on the ground that the victim was subjected to police investigation due to the victim’s report, and the nature of the crime is not good in light of the method and circumstances of the crime.

In particular, the defendant is highly likely to be subject to criticism in that he/she committed the same kind of crime even though he/she had a record of being subject to suspended sentence due to an act of violence in 2010.

However, the defendant is against his or her wrongness.

The degree of injury and intimidation suffered by the victim are not significantly significant.

The defendant seems to have made considerable efforts to recover the damage of the victim, and agreed to pay a reasonable amount of agreement to the victim.

When considering the above circumstances, such as the Defendant’s age, character and conduct, environment, background and consequence of the crime, and the circumstances after the crime, the sentencing of the lower court exceeded the reasonable scope of discretion.

As there is no change in sentencing conditions that can be deemed unfair to maintain the sentencing of the court below as it is, the sentence imposed by the court below is too unfortunate and unreasonable.

The prosecutor's assertion is not accepted.

3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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