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(영문) 대구지방법원 2016.05.26 2016노949
특수협박등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (unfair sentencing) is too unreasonable as it is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. The Defendant, in the lower court’s judgment, led to the confession of each other crime except special intimidation, and the fact that considering equity in the case where the Defendant is punished together with the first head of the crime committed in the lower judgment, is favorable to the Defendant.

On the other hand, the defendant's method of receiving each of the crimes of this case is very poor and the quality of the crime is not good, and the defendant commits each of the crimes of this case again even though he had the record of punishment for the same crime, and the damage from each of the crimes of this case has not been recovered, etc. are disadvantageous to the defendant.

In full view of the aforementioned circumstances and other circumstances, including the Defendant’s age, sexual conduct, environment, relationship with the victim, motive, means and consequence of each of the instant crimes, and the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is deemed appropriate as a punishment within the scope of the discretion for sentencing.

Therefore, the defendant and the prosecutor's argument are without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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