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(영문) 광주지방법원 2017.03.16 2017노195
특수협박등
Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s sentence (6 months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendants by the prosecutor (the Defendant A’s sentence is the same as above, and the Defendant B is the fine of KRW 4 million) is too uneased and unreasonable.

2. Determination

A. The fact that Defendant A agreed with the victims, all of which are recognized, and that Defendant A’s mistake is against the victim is favorable to the Defendant.

On the other hand, the fact that the defendant has already been punished for the same kind of crime, and even though he was in office for repeated crime of the same kind, the fact that he was living in the crime of this case is disadvantageous to the defendant.

In addition, considering the various circumstances revealed in the instant pleadings, such as the Defendant’s age, sex, environment, motive and consequence of the crime, and the circumstances after the crime, it is not recognized that the lower court’s punishment is too heavy or unreasonable, and thus, the argument that the Defendant A and the Prosecutor’s imposition of sentence against the Defendant A is not acceptable.

B. In light of the fact that Defendant B agreed with the victims, and all of his mistakes are recognized, and other circumstances revealed in the instant pleadings, such as the Defendant’s age, sexual conduct, environment, motive and consequence of the crime, and circumstances after the crime, the lower court’s punishment is too unfasible and unreasonable, and thus, the Prosecutor’s allegation of unfair sentencing against Defendant B does not accept.

3. Conclusion, Defendant A and the Prosecutor’s appeal are all groundless, and they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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