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(영문) 서울고등법원 2017.03.09 2016노3711
특수공갈등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment and two years of conditional suspension of execution of social service) is too unfasible and unfair.

2. The judgment below rendered a stay of execution of imprisonment with prison labor within the scope of the recommended sentencing guidelines of the Supreme Court in consideration of the following facts: (a) considering the fact that the Defendant committed each of the instant crimes by carrying dangerous articles and committing the instant crimes, and the liability of the Defendant was not somewhat minor; (b) considering the fact that all of the offenses were led to the confession of the Defendant, the mistake was divided in depth; (c) the victim of the special crime was smoothly agreed with the victim; and (d) the remaining victims were relatively minor; and (e) there was no history of punishment heavier than the fine, the Defendant was sentenced to a stay of execution of the term of imprisonment with prison labor within the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court; and (c) added the community service order under such condition. Such judgment of the court below seems to have been made within the reasonable discretionary range, taking into account all the sentencing conditions

Although the victim of a special assault submitted a written application to the effect that he/she would have been punished by the Defendant in this court, it is difficult to regard the sentencing of the lower court as an obvious change in circumstances, and considering the fact that the Defendant did not have any past record of a crime near 10 years, the sentence imposed by the lower court cannot be deemed to be unfair because it is too unreasonable compared to the extent of the Defendant’s responsibility.

3. Accordingly, 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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