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(영문) 청주지방법원 2019.09.19 2019노935
특수협박
Text

The prosecutor's appeal is dismissed.

Reasons

1. Considering the fact that the nature of the crime is extremely poor in light of the risk of the pattern of the instant crime committed by the Defendant, who had been punished for the same act as the instant case, who was a dangerous object, in light of the summary of the grounds for appeal, the lower court’s punishment is too uneasible and unfair.

2. The court below decided the above punishment against the defendant on the grounds as stated in its reasoning. The circumstances alleged by the prosecutor as a reason for sentencing unfavorable to the court below are deemed to have already been taken into account when determining the punishment in the court below. In light of the above circumstances, the defendant appears to have committed the crime in this case in a net order, and there is no criminal power exceeding the fine, and there is no contingent crime under the influence of alcohol, and considering that the defendant seems to have committed the crime in this case, it cannot be deemed that the judgment of the court below exceeded the reasonable scope of discretion, because the judgment of the court below is too uneasible.

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

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