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(영문) 대구지방법원 2017.07.06 2017노190
특수협박등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unfasible in this case, which the court below rendered a sentence (7,000,000 won in penalty).

2. The lower court sentenced the above punishment in consideration of the following favorable circumstances: (a) the Defendant’s knife knife and threatening the victim in the newspaper; (b) the Defendant committed the instant crime without being familiar with the Defendant during the period of suspension of execution; and (c) the Defendant, other than the instant case, was punished twice due to violent crimes; (b) the Defendant carried the knife while carrying the knife in the face of the knife in the face of the knife; (c) knife the knife and not knife the knife; (d) the Defendant agreed with the victim; and (e) the Defendant reflects the mistake while recognizing the instant crime.

In full view of all the sentencing conditions, including the Defendant’s age, sexual conduct, environment, health, circumstances leading to the commission of the crime, means and result, size of the crime, and circumstances after the crime, other than the circumstances considered above, the lower court appears to have been sentenced to the lower court’s punishment, and the lower court’s judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to view that the sentence imposed by the lower court is unfair because it is too unfasible as the prosecutor asserts.

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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