logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.10.26 2018노822
특수협박
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the lower court’s judgment and the sentencing of the lower court is not beyond the reasonable scope of discretion, it is desirable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no change in circumstances in matters on which the conditions of sentencing are attached after the sentence of the lower judgment.

Although the defendant is still under the suspension of execution, it is not well-known that the nature and circumstances of the crime of this case, which threatened the victim by carrying a dangerous knife, is not good, but the defendant will not repeat the crime again.

C. In light of the fact that the Defendant was assaulted by the husband of the victim during the time when the Defendant was in action and in trial, which led to a contingent crime, and there are circumstances to take into account the motive for the instant crime, and that the victim does not want the punishment against the Defendant. In light of the circumstances asserted by the prosecutor on the grounds of appeal, even if considering the circumstances asserted by the prosecutor, the sentencing of the lower court is too unhued so far, and thus, exceeds the reasonable scope of discretion.

subsection (b) of this section.

We do not accept the prosecutor's improper argument of sentencing.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

arrow