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(영문) 인천지방법원 2016.07.01 2016노595
특수협박
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of suspended sentence and observation of protection in six months of imprisonment) is too unhued and unfair.

2. The crime of this case is deemed to have been threatened by carrying dangerous articles against the victim, and the crime of this case is considerably poor in light of the circumstances, attitude, etc. of the crime, and the defendant has a record of criminal punishment several times due to violent crimes, etc. However, it is unreasonable for the court below to have imposed an excessive sentence on the defendant, taking into account the following factors: (a) the defendant has reached an agreement with the victim at the latest and later; and (b) the defendant has reached an agreement with the victim, as well as the character, character, environment, age, motive and circumstance of the crime, frequency of the crime, relationship with the victim, etc.; and (c) all the sentencing conditions shown in the argument of this case, such as the defendant’s character, environment, age, motive and frequency of

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit, and it is so decided as per Disposition (Provided, That the judgment of the court below on the ground that “1. concurrent crimes are aggravated, Articles 37(1)2 and 50 of the Criminal Act are omitted” between the 2nd and 3rd of the judgment below and the 3rd of the judgment below, and thus, it is obvious that the ex officio addition is made pursuant to Article 25(1) of the Regulation on Criminal Procedure.

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