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(영문) 수원지방법원 2017.04.28 2016노7438
특수협박등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (the suspended sentence of KRW 700,000,000) is too uneased and unreasonable.

2. Although the Defendant did not receive any doubt from the injured party, the Defendant committed the instant crime at the end of the dispute between husband and wife, and it appears that the Defendant and the injured party do not have been divorced, and thus, there is a risk of recommitting the Defendant.

In full view of the fact that it is difficult to see that the Defendant has a criminal history exceeding the same criminal history or fine, and all of the sentencing conditions in the pleadings, such as the Defendant’s age, sex behavior, environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court cannot be deemed unfair because the sentence imposed by the Defendant is too unfeasible.

Therefore, prosecutor's assertion is not accepted.

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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