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(영문) 서울중앙지방법원 2013.07.10 2013노1231
공갈등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable. 2. The defendant, who has been punished several times for a similar type of crime, committed each of the crimes of this case during the repeated crime period, and did not yet agreed with the victims even yet. However, the prosecutor's above assertion disputing this point cannot be accepted, comprehensively taking into account the following circumstances as a whole: the defendant's error was committed during the trial; the degree of damage suffered by the victims; the victim's age, character and behavior, environment; the motive and circumstance of the crime of this case; circumstances after the crime was committed; and the risk of recidivism; and thus, it cannot be deemed that the defendant's imprisonment with prison labor for 10 months sentenced by the first instance court is too unjustifiable.

3. Accordingly, we cannot accept the prosecutor’s appeal under Article 364(4) of the Criminal Procedure Act.

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