(영문) 수원지방법원 2020.12.17 2020노5186 | 리걸엔진

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(영문) 수원지방법원 2020.12.17 2020노5186

협박

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The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (a fine of five million won) is too unhued and unreasonable.

2. The crime of this case is acknowledged to the effect that the defendant's two children under eight years of age who are living at a private teaching institute on the one hand, who are living at his own house, threatened with drinking, in light of the method and contents of the crime, etc., the crime is very bad in light of the method and contents of the crime, and the defendant has been punished several times due to violent crimes, indecent act by compulsion, etc., and in particular, there are significant significant criminal liability to commit the crime of this case during the period of repeated crime, and the defendant was not able to receive from the victims.

However, in full view of the following: (a) the Defendant recognized the instant crime and commits a mistake; (b) the Defendant appears to have committed the instant crime by contingency with the victims under the influence of alcohol; (c) the escape was not caused by the victims; (d) the victims did not immediately leave the scene of the crime; and (e) the victims did not immediately leave the scene of the crime and did not have any additional damage; and (c) the Defendant’s violent or indecent act of force does not against minors; and (d) other factors of sentencing as indicated in the instant records and arguments, including the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime; (e) the means and consequence of the instant crime; and (e) the circumstances after the crime, etc., the lower court’s punishment is deemed unreasonable even if all unfavorable circumstances are considered.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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.

참조조문

-형사소송법 제364조 제4항

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