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(영문) 창원지방법원 2019.11.27 2019노2061
특수협박등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The grounds for appeal (e.g., imprisonment with prison labor for six months) by the lower court are too unreasonable;

2. The lower court determined that the Defendant committed the instant crime by taking into account each of the unfavorable circumstances that the Defendant committed the instant crime while under suspension of execution due to a special injury, due to the circumstance that the Defendant recognized the Defendant’s mistake, that both the victims and the victims want not to be punished against the Defendant, and that the victim’s injury is relatively minor, and that the Defendant was punished by a fine twice during suspension of execution due to a special injury, and that the Defendant committed the instant crime. In addition, the lower court determined a sentence within the recommended range of punishment according to the sentencing guidelines set by the Supreme Court, comprehensively taking into account all of the sentencing conditions set forth in the arguments, such as the Defendant’s age, character and behavior, environment, motive, means

The grounds for unfair sentencing alleged by the Defendant and the prosecutor seem to be the circumstances in which the lower court has already taken full account of the Defendant’s punishment.

The lower court determined the punishment by taking into account the circumstances favorable to the Defendant with respect to the instant sentencing, and there are no circumstances to deem that the said sentencing conditions have changed in the appellate court.

Therefore, the Defendant and the prosecutor’s assertion cannot be accepted, since the lower court’s punishment is heavy or light.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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