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(영문) 창원지방법원 2019.06.19 2019노517
상습공갈
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and four months) of the lower court is deemed to be too unhued and unfair.

2. The lower court, under favorable circumstances in which the Defendant had no record of punishment for the same kind of crime, determined a sentence by taking into account the following factors: (a) the instant crime was committed repeatedly over a considerable period; (b) the amount of damage was not high; and (c) the victim was not able to have been able to take account of the unfavorable circumstances; and (b) the Defendant’s age, environment, motive, means and consequence of the crime; and (c) the various sentencing conditions specified in the records and arguments,

The grounds for unfair sentencing alleged by the prosecutor appear to be the circumstances in which the lower court determined the Defendant’s punishment, and there are no other circumstances to deem that the above sentencing conditions have changed, and the lower court’s punishment is reasonable within the reasonable scope of its discretion, considering the above sentencing conditions.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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