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(영문) 대전지방법원 2016.04.21 2015노3566
폭력행위등처벌에관한법률위반(공동공갈)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment against the Defendant (a prison term of six months, a suspended sentence of two years, a observation of protection, and a community service order of 80 hours) is deemed unreasonable.

2. In light of the circumstances leading up to each of the instant crimes, the crime is not good, the fact that the Defendant did not agree with the victim is disadvantageous to the Defendant, the Defendant’s confessions all of the instant crimes, the amount of damage to each of the instant crimes is not so significant, the Defendant has no record of criminal punishment, and the Defendant is expected to be able to improve his personality and behavior in the future, and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court sentencing committee, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sexual behavior, environment, motive, means and consequence, etc., the Defendant’s punishment against the Defendant cannot be deemed unfair, since the prosecutor’s improper assertion of sentencing is without merit.

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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