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(영문) 대구지방법원 2018.01.11 2017노3640
협박
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (eight months of imprisonment, two years of suspended execution) is too unfilled and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. We also examine the judgment prosecutor and the defendant's respective arguments on sentencing.

The lower court sentenced the above punishment by taking into account the following factors: (a) the Defendant’s act of intimidation with the victim to the effect that the victim suffered considerable pain; (b) the content and form of the Defendant’s act of intimidation; (c) the victim’s response thereto; and (d) the life style during which the Defendant and the victim maintained the aforementioned relationship; (b) the circumstance in which the victim filed a complaint against the Defendant and the process of investigation pursuant thereto.

In full view of the circumstances taken into account by the lower court, the Defendant’s age, sexual conduct, environment, background leading up to the commission of the offense, means and consequence, circumstances after the commission of the offense, and all the conditions of sentencing as shown in the pleadings, the lower court’s sentence is deemed reasonable, and the lower court’s judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentence imposed on the Defendant cannot be deemed too somewhat less or unreasonable, and thus, each of the unfair arguments of sentencing by the prosecutor and the Defendant is without merit.

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

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