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(영문) 수원지방법원 2017.06.09 2016노7717
특수협박등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasoning for the appeal (one year of imprisonment, two years of suspended execution) of the lower court is too unhued and unreasonable.

2. In full view of all the sentencing conditions, such as the defendant's age, sex behavior, motive, frequency of the crime, method of the crime, circumstance after the crime, etc., the court below's punishment cannot be deemed unfair because it is too unreasonable, considering the following circumstances: (a) considering the fact that the defendant led to the crime and reflects the fact that he/she would not inflict any harm on the victim; (b) he/she appears to have committed a contingent crime by breaking his/her horses; (c) the fact that he/she has been punished several times of a crime; (d) the nature of the crime is heavy, such as intimidation of the victim by using a lethal weapon; (e) the victim appears to have suffered considerable mental suffering by intimidation; and (e) the victim was unable to receive a letter from the injured person; and (e) the court below's punishment

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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