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(영문) 울산지방법원 2019.07.19 2019노368
협박
Text

The prosecutor's appeal is dismissed.

Reasons

1. The Prosecutor’s summary of the grounds for appeal (the suspended sentence of a fine of one million won) declared by the lower court is too unfilled and unreasonable.

2. The fact that the defendant did not agree with the victim, and that the victim wants to punish the defendant is disadvantageous to the defendant.

On the other hand, however, considering the fact that the defendant recognized the crime of this case and showed the attitude of reflectivity, the first offender, and the circumstances that may be taken into account as much as possible, considering the circumstances favorable to the defendant. In addition, comprehensively taking into account the defendant's age, character and conduct, and environment, the court below's punishment seems to be within the reasonable and appropriate scope, and it cannot be deemed unreasonable because it is excessively unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal 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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