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(영문) 울산지방법원 2016.06.17 2016노483
협박등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 5,00,000) is too unhued and unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant for the following reasons: (a) the defendant threatened a knife victim who is a friendship with a knife and threatened him with a knife; (b) the nature of the crime was extremely poor in light of the risk of the law of the crime; and (c) the crime

However, in full view of the following factors: (a) the fact that the defendant recognizes and reflects his own crime; (b) the defendant agreed with the victim; (c) the defendant appears to have committed the crime of this case in a somewhat contingent and contingent manner; (d) the victim actively complained of the defendant's prior action by attending the court of the court below; and (e) the defendant's age, sex, family environment, motive and circumstance of the crime; (e) the means and consequence of the crime; and (e) various sentencing conditions that are shown in the arguments of this case, such as the circumstances before and after the crime,

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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