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(영문) 울산지방법원 2020.07.24 2020노360
특수협박
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (three million won of a fine) against the Defendant as to the summary of the grounds for appeal is unreasonable as it is too unhued.

2. The judgment is based on the following: (a) even though there were several records of punishment for the same kind of crime, the Defendant committed the instant crime; and (b) the fact that the Defendant is not good in light of the motive of the crime is disadvantageous to the Defendant.

However, the court below's punishment seems to be reasonable and appropriate, in full view of all the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, etc., and the circumstance after the crime, etc., it cannot be deemed that the court below's punishment is too unreasonable and unreasonable.

Therefore, prosecutor's 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.

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