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(영문) 수원지방법원 2020.11.12 2020노4213
특수강요
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and eight hours of community service) is too unfased and unreasonable.

2. The crime of this case is recognized that the crime of this case is committed by threatening the victim who was a knee and knee in the ground by threatening the victim, which is dangerous to the victim, and thus, the victim knee and knee in the ground. In light of the law and content of the crime, the nature of the crime is very poor and the liability of the crime is very heavy, and the defendant did not have

However, in full view of the fact that the Defendant recognized the instant crime, the fact that the Defendant is a juvenile, the fact that the Defendant is not a juvenile, the fact that there is no record of criminal punishment against the Defendant, and other factors, such as the Defendant’s career, character and conduct, environment, motive, background, means and consequence of the instant crime, and the sentencing of similar cases as shown in the records and arguments, it cannot be deemed that the lower court’s punishment is too unreasonable.

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.

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