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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대구지방법원 2018.12.12 2018노3654
특수협박
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unfasible and unfair.

2. The judgment defendant has several criminal records, and is sentenced to imprisonment for the same kind of crime, and has not committed the crime of this case even though he/she is under repeated crime, and has committed the crime of this case. The fact that the nature of the crime is very poor is disadvantageous to the defendant.

However, taking into account the favorable circumstances in which the Defendant recognized and reflected the instant crime, and that there was no intention to direct and physical violence at the time of the commission of the crime, and taking into account the Defendant’s age, sex, environment, family relationship, circumstances leading to the commission of the crime, means and consequence, and all of the sentencing conditions stated in the records and arguments, including the circumstances after the commission of the crime, the sentence imposed by the lower court is appropriate, and the sentencing judgment by the lower court exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, the prosecutor's above assertion is without merit, since the court below's punishment is too unfasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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