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(영문) 대구지방법원 2018.01.25 2017노3492
강요등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unhued in this case, which is sentenced by the lower court (amounting to KRW 6,000,000).

2. The lower court rendered the above sentence by taking account of the favorable circumstances, such as the following: (a) under the circumstances unfavorable to the nature of the crime; (b) agreed with the victim E; (c) the victim C was unable to punish the Defendant; and (d) the equity with the case where the judgment was rendered simultaneously with the crime where the judgment became final and conclusive

In full view of all the sentencing conditions, other than the circumstances considered by the court below, including the defendant's age, sexual conduct, environment, health, circumstances leading to a crime, means and result of the crime, size of the crime, and circumstances after the crime, which can be known through records and pleadings, the sentence of the court below appears to be appropriate, and the sentencing judgment of the court below exceeded the reasonable limit of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to view that the sentence imposed by the lower court is unfair because it is too unfasible as the prosecutor asserts.

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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