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(영문) 대전지방법원 2014.11.27 2014노1116
공갈미수등
Text

The appeal by the prosecutor is dismissed.

Reasons

The summary of the grounds for appeal (e.g., a fine of one million won, suspension of sentence) of the court below is unreasonable.

Judgment

The crime of this case is an unfavorable circumstance to the defendant, in light of the following: (a) if the defendant does not donate cosmetics to cosmetics by using letters containing sexual details to the victim and Kakaox; (b) if the defendant does not donate cosmetics to the victim’s wife, he attempted to transmit the exchanged letters to the victim including the victim’s wife; (c) the defendant prepared comments on the work between the victim’s wife and the victim’s wife on the work that had been between the defendant and the victim’s wife and damaged the victim’s reputation; (d) the crime of this case appears to have suffered from mental suffering that is difficult to recover easily from the victim’s wife due to the crime of this case; and (e) the fact that the victim did not agree with

However, in full view of all the factors such as Defendant’s age, character and conduct, environment, circumstances before and after the instant crime, etc., the sentence of the lower court is too unafford and unreasonable, in so doing, the Defendant is the first offender who has no criminal records, and the Defendant is living in the future as a sincere social person without committing any crime again, and the victim appears to have been partly causing the instant crime.

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 by the prosecutor is without merit.

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