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(영문) 수원지방법원 2016.10.05 2016노4711
특수협박등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (a year and six months of imprisonment, confiscation) is too unfased and unfair.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). However, in light of the following: (a) there is no change in the conditions of sentencing compared to the original judgment on the grounds that new sentencing materials have not been submitted in the trial court; (b) the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (c) comprehensively takes account of the various circumstances that form the conditions of sentencing specified in the lower court’s sentencing deliberation process, including the Defendant’s age, character and behavior, motive and consequence of the crime; and (d) the lower court’

Therefore, the prosecutor's above assertion is without merit.

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

However, since it is apparent that the application of the laws and regulations of the court below is omitted, pursuant to Article 25(1) of the Regulations on Criminal Procedure, the "Application of the Acts and subordinate statutes" in Article 25(2) of the judgment of the court below shall be revised ex officio, and "the pertinent provisions of the law and the choice of punishment concerning the 1. criminal facts" in the second sentence of the court below shall be revised as "the pertinent provisions of the law concerning the 1. criminal facts", and "each choice of imprisonment" in the end of the same paragraph shall be deleted, and "1. commercial concurrence", "Articles 40 and 50 of the Criminal Act", "Articles 40 and 50 of the Criminal Act (each of the crimes of intimidation and each special intimidation, and the punishment prescribed for the crimes of intimidation and special intimidation against victims E with a heavier criminal situation)", "1. Determination of the sentence"

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