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(영문) 서울북부지방법원 2016.06.09 2016노539
특수협박
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence (3 million won in penalty) imposed by the court below on the defendant is too unfasible.

2. The crime of this case is deemed to have been threatened by the Defendant with the victim in a knife and thus, the liability for the crime is not weak. However, considering the risk of the crime of this case, considering the fact that the Defendant recognized the crime of this case, there is no criminal record, the victim does not want the punishment of the Defendant, and other various circumstances, such as the motive and background leading up to the crime of this case, the means and method of the crime, the circumstances before and after the crime of this case, the defendant's age, sexual behavior, occupation, family relation, etc., the punishment imposed by the court below cannot be deemed to be unfair because it is too unaffortable.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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