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(영문) 전주지방법원 2019.06.20 2019노527
특수협박등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal - The sentence of the lower court (7 million won of a fine) is too minor.

2. All circumstances asserted by the Prosecutor as an element of sentencing unfavorable to the trial in the lower court were revealed during the hearing of the lower court, and there is no change of circumstances in relation to the matters subject to sentencing after the pronouncement of the lower judgment.

In particular, according to the statement of the victim and witness, it is difficult to see that the degree of the defendant's intimidation and exercise of force is significant; the defendant is against his own criminal act; the victim is taking advantage of all the circumstances indicated in the records of this case including the sentencing grounds cited by the court below, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime; and all the circumstances indicated in the records of this case, such as the defendant's age, character and conduct, motive, means and consequence after the crime, it cannot be deemed that the sentence of the court below is too unreasonable and it exceeded the reasonable scope of discretion in the court'

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

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