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(영문) 서울서부지방법원 2017.04.27 2017노304
특수협박
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. Determination, the crime of this case takes the knife on the ground that the victim of the motor vehicle driven by the defendant is overtaking the motor vehicle by sounding the horn.

In other words, it is recognized that intimidations the victim towards the victim, and the nature of the crime is not good.

However, in full view of the following factors: (a) the Defendant led to the instant crime and reflects his mistake; (b) the Defendant had been sentenced to a fine of two times before and after the Defendant was sentenced to a fine; and (c) the Defendant’s age, sexual conduct, environment, the process and consequence of the instant crime; and (d) the circumstances after the instant crime, etc., the lower court’s punishment is too uneasible and unfair; and (b) thus, the Prosecutor’

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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