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(영문) 울산지방법원 2017.11.16 2017노1201
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 (one year of suspended sentence in six months of imprisonment, one year of suspended sentence, confiscation) is too uneased and unfair.

2. Circumstances unfavorable to the judgment on the grounds of appeal: The crime of this case is highly likely to threaten the victim, who is an employee of a public health clinic intending to help the defendant perform civil petition affairs, by using the ice stick and knife, which are dangerous articles.

The favorable circumstances: The defendant shows his attitude to recognize and reflect the crime of this case.

As the defendant agreed with the victim, the injured person does not want the punishment of the defendant.

There are five criminal records for the defendant, but all of them are punished by a fine before 2001.

In light of the aforementioned unfavorable circumstances, the Defendant’s age, character and conduct environment including favorable circumstances, relationship with the victim, motive means of the crime, the circumstances after the crime, etc., as well as the various sentencing conditions indicated in the arguments and records of the instant case, and the scope of the recommended punishment according to the sentencing guidelines (the type of imprisonment for April to one year / [the type] (the type of imprisonment for a period of April to one year), and the scope of the recommended punishment (the type of habitual, repeated, and special intimidation) [the person who has been subject to special mitigation] [the scope of recommended punishment] in cases where the punishment is not imposed (including serious efforts to recover damage), or considerable damage is restored [the scope of the recommended punishment] mitigated area (the scope of imprisonment for April to one year), the sentence imposed by the lower

It is not recognized that it is unfair because it is too unfluent enough to be assessed.

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.

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