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(영문) 수원지방법원 2013.08.13 2013노1420
협박
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (two million won of fine) is too uneased and unreasonable.

2. It is recognized that the defendant's intimidation without any particular reason is very poor in the nature of the crime in light of the circumstances of the crime, and that the defendant's records of punishment for the same kind of crime are likely to have violent inclinations on several occasions.

However, comprehensively taking account of all the sentencing conditions, such as the fact that the Defendant led to the instant crime and reflects, the fact that the Defendant committed any contingent crime while under the influence of alcohol, and the mere intimidation, the lower court’s punishment is too uneasible and unreasonable.

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.

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