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(영문) 광주지방법원 2017.08.23 2017노213 (1)
협박등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (or four months of imprisonment, two years of suspended execution, and forty hours of course in sexual assault treatment programs) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. In light of the following: (a) examining the determination of unfair sentencing by both parties on the conviction portion; (b) the crime of this case is not good in light of its circumstances; and (c) the victim wants to punish the defendant; (c) the defendant is deemed to have all of the crimes of this case; and (d) the fact that the defendant has no record of criminal punishment for the defendant is favorable to the defendant.

In addition, there is no change in the sentencing conditions compared to the original judgment, and considering all the sentencing conditions specified in the records and arguments of this case, the lower court’s punishment is too heavy or unfluent so that it cannot be deemed unfair. Thus, the above assertion by the Defendant and the prosecutor is without merit.

B. The prosecutor appealed against the entire judgment of the court below regarding the dismissal part of the prosecution, but with respect to the dismissal part of the prosecution, there is no legitimate reason for appeal in the petition of appeal and no reason for objection can be found in the written reason for appeal.

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

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