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(영문) 대구지방법원 2016.08.11 2015노5272
협박등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is unreasonable as it is too unfasible to the sentence of the lower court (a punishment of 10 months, 2 years of suspended sentence, 2 years of probation, observation of protection, 80 hours in community service, 40 hours in lectures for treatment of alcohol addiction, 1 and 2 hours in alcohol addiction, and 1 and 2 times in prison).

2. Determination that each of the crimes of this case is not good, and that the Defendant did not reach an agreement with the victim is disadvantageous to the Defendant.

On the other hand, the Defendant deposited 1 million won against the victim E, deposited 1 million won against the victim G, and deposited 1 million won against the victim G, the Defendant was detained for about two months in the instant case, and the Defendant recognized the instant crime and recognized his mistake, etc. are favorable to the Defendant.

In full view of the above circumstances and other circumstances, including the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is deemed to be appropriate as a punishment within the discretionary scope of the sentencing.

Therefore, 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, and it is so decided as per Disposition.

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