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(영문) 전주지방법원 2018.10.05 2018노869
특수협박등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (a prison year, two years of suspended execution, 160 hours of community service, and 40 hours of violent therapy) is deemed to be too unfeasible and unfair.

2. It is desirable to refrain from imposing a sentence that does not have any change in the conditions of sentencing compared with the first instance court, if there is no change in the conditions of sentencing compared with the judgment, and if the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect them, and to refrain from imposing a sentence that does not have any difference between the first instance court and the first instance court on the sole ground that the sentence differs from the appellate court’s view (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined a sentence in consideration of all favorable and unfavorable circumstances against the Defendant, as the lower court did not submit new sentencing data in the trial, and there is no change in the conditions of sentencing compared with the lower court’s judgment, and even considering the various sentencing conditions specified in the instant records and arguments, the lower court’s sentence was too unfilled and thus exceeding the scope of reasonable discretion

It does not seem that it does not appear.

Therefore, prosecutor's assertion is without merit.

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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