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(영문) 광주지방법원 2016.10.13 2015노3596
특수협박
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s penalty of KRW 4,00,000 (a fine of KRW 4,000) is too unhued and unreasonable.

2. The instant crime was committed by the Defendant without turning on the direction, direction, etc. while driving a vehicle while driving the vehicle on the road, and attempted to kis in the future of the victim’s vehicle. The instant crime was committed in light of the fact that the Defendant was a very dangerous act that may have led to fear of the victim’s breath and serious traffic accidents on the breath, following the Defendant’s overtaking the damaged vehicle twice on the ground that the victim did not yield the right, and then kid the victim in the future on the damaged vehicle.

On the other hand, the defendant has the following favorable circumstances.

Defendant reflects on crimes.

A defendant has no record of punishment, except for criminal punishment imposed once on a crime committed while in military service.

The victim does not want to be punished against the defendant by mutual consent with the victim.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, the 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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