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(영문) 서울남부지방법원 2016.12.15 2016노1800
공갈등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant committed each of the instant crimes at the same time during the period of repeated crimes even though he/she had been subject to punishment 29 times for violent crimes, and that measures for recovery of damage have not been taken, such as agreement with victims, etc., the sentence imposed by the court below is too uneasible and unfair.

2. Examining the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, criminal records, and the reasons for sentencing of the lower judgment, including favorable or unfavorable circumstances to the Defendant, the lower court’s punishment is too unjustifiable, even in light of various circumstances asserted by the Prosecutor as the grounds for appeal.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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