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(영문) 수원지방법원 2016.11.18 2016노3961 (1)
특수협박
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (four million won of a fine) by the lower court is deemed to be too unhued and unreasonable.

2. An unfavorable circumstance is that the degree of harm and injury that was notified to the victims of the judgment is not easy, that victims were punished, that victims did not make any effort to recover from damage, that there were a number of violent crimes, and that the victims committed the instant crime again during the suspension period of execution of imprisonment with prison labor due to the previous convictions of violent crimes.

However, it seems to be one of the causes for committing the crime, such as the violation of crimes, and the fact that the existence of spirits suffering from the defendant seems to be one of the causes for committing the crime.

In addition, considering the motive and background of the crime, the circumstances after the crime, the age, character and conduct, environment, etc. of the defendant, and all the sentencing conditions as shown in the arguments, the sentence of the court below cannot be deemed as being too uneasible and unreasonable.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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