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(영문) 서울중앙지방법원 2018.09.14 2018노1282
특수협박등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (7 million won in penalty) is too unfluent and unfair.

Judgment

Although the Defendant committed each of the crimes of this case during the period of repeated crime, it was against the victim of the crime of special intimidation and the crime of destruction of property (Evidence Record 100 pages, 67 pages, 40 pages of trial records, evidence records, 99 pages). The Defendant paid mobile phone repair expenses to police officials damaged by mobile phones (Evidence Record 103 pages), other police officers do not want the Defendant’s punishment (the page 68 pages of trial records), and other various circumstances that form the conditions of sentencing as shown in the records and arguments, the lower court’s punishment is too unfasible and unreasonable. Thus, the Prosecutor’s assertion is without merit.

Therefore, 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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