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(영문) 춘천지방법원 강릉지원 2014.11.18 2014노444
협박등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (unfair punishment)’s punishment (the fine of KRW 500,000) by the lower court is too unreasonable.

B. The lower court’s sentence (e.g., e., e., e., e., e., t

2. The judgment of the defendant is favorable to the defendant, and there is no record that the defendant was punished for the same kind of crime, and the defendant committed the crime of this case contingently during the victim's speech and behavior during his spouse's divorce.

Meanwhile, in light of the method and content of the instant crime, the victim was anticipated to have caused considerable apprehensions and insults, and thus, the crime was inferior and the damage was not recovered, etc. are disadvantageous to the Defendant.

In addition to the above various circumstances, the lower court sentenced to a fine of KRW 500,000,00 which was reduced compared to the first summary order (a fine of KRW 1 million), and in full view of the sentencing conditions indicated in the instant case, such as the Defendant’s age, occupation, motive, means and consequence of the crime, etc., the lower court’s punishment is too heavy or unreasonable.

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 appeal by the defendant and the prosecutor are without merit. It is so decided

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