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(영문) 대구지방법원 2017.06.15 2016노5459
강요등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the first crime in its holding: imprisonment with prison labor for one month, and the second crime in its holding: imprisonment with prison labor for two months) is too uneasible and unfair.

2. The lower court determined that the Defendant committed the instant crime during the period of repeated crime; the instant crime is not good for the nature of the crime; and is not reaching an agreement with the victim; and the instant crime No. 1 as indicated in the holding of the lower judgment was sentenced to the said punishment by taking account of the circumstances favorable to the fact that it should consider the equity with the case to be judged simultaneously in relation to the special robbery for which the judgment became final and the subsequent concurrent crimes after Article 37 of the Criminal Act.

In addition to the above circumstances, the court below took into account the favorable circumstances that the defendant appears to be against the defendant when committing the instant crime from the investigation stage to the trial at the trial at the court, and taking into account all the sentencing conditions, including the defendant's age, sex, sex, environment, health, circumstances leading to the Defendant to commit the instant crime, means and result, size of the crime, and circumstances after the crime, the sentence sentenced by the court below seems to be reasonable, and the judgment of the court below exceeded the reasonable limit of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to view that the sentence imposed by the lower court is unfair because it is too unfasible as the prosecutor asserts.

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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