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(영문) 서울중앙지방법원 2018.06.12 2018노704
협박
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (for six months of imprisonment, two years of suspended sentence, and 120 hours of community service order) is too heavy or unreasonable.

2. In examining the criminal defendant's and prosecutor's unfair claims for sentencing, the crime of this case committed by the defendant is not very good, and the mental suffering suffered by the victim is not easy, and the victim still wishes to punish the defendant, which is disadvantageous to the defendant.

On the other hand, it is favorable to the defendant that the defendant reflects the mistake, there is no history of criminal punishment, university students, and deposit three million won for the victim.

In addition, comprehensively taking into account various circumstances that form the conditions for the argument and the sentencing indicated in the record of the instant case, such as the Defendant’s age, sex, environment, motive and background of the offense, means and method of the offense, and the circumstances after the offense, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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