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(영문) 서울동부지방법원 2019.07.11 2019노304
특수협박등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s punishment (two months of imprisonment, two years of suspended execution, two years of probation, and confiscation) against the Defendant on the grounds of appeal (unfair punishment) is too uneased and unreasonable.

2. The court below’s sentencing seems to have been properly determined by fully considering all the circumstances, including the prosecutor’s various sentencing grounds, and there are no special circumstances to the extent of changing sentencing ex post facto, and thus, the prosecutor’s allegation of unfair sentencing is without merit, considering the following: (a) although the crime of this time was committed in light of the shape of the crime and the degree of damage; (b) there was no criminal punishment exceeding a fine after 1987; (c) the Defendant received a letter from six victims; (d) the Defendant faithfully received treatment for mental illness; and (e) the Defendant is against the duty to faithfully receive treatment for mental illness.

3. In conclusion, the prosecutor's appeal 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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