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(영문) 부산지방법원 2016.10.14 2016노3030
협박등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court, within the scope of this Court’s trial, dismissed the public prosecution against the Defendant regarding the Defendants’ assault and intimidation 2016 Highest 1912, 2016 Highest 2472, and convicted the Defendant of the remainder of the charges.

However, since the prosecutor appealed the part of the judgment of the court below and did not appeal all the defendant and the prosecutor with respect to the dismissal of public prosecution, the part of the judgment of the court below which dismissed public prosecution is separate and finalized, and only the portion of the judgment of the court below which

2. The summary of the grounds for appeal that the court below sentenced the defendant (six months of imprisonment) is too unhued and unfair.

3. The crime of this case is an unfavorable circumstance to the defendant, where there is no obvious reason for the defendant to commit the crime of this case, or where it was committed by a victim due to minor reason, and the contents and nature of the crime is inferior, and the defendant has been punished several times for the same crime, and the probation period for the same crime begins.

However, it is necessary to respect the judgment of the court below on the ground that there is no change in the conditions of sentencing compared with the court below because new sentencing data have not been submitted at the court below. The defendant reflects the crime of this case, the defendant has reached an agreement with the victim, the defendant is receiving medical treatment from the victim with a long-term dynamic disorder, alcohol dependence, and such disease appears to have an effect on the crime of this case. In full view of the circumstances and result of the crime of this case, the circumstances after the crime of this case, the character and conduct of the defendant, the environment, age, etc., as well as various other circumstances that are the conditions of sentencing specified in the records and arguments of this case, the sentencing of the court below is too

4. 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. It is so decided as per Disposition.

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