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(영문) 대전지방법원 2020.10.14 2019노2891
강요
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the nature of the crime in this case and that the victims suffered from the crime in light of the mental or physical pain is less severe. Considering that the victim D and E wanted to be punished by severe punishment against the defendant, the sentence of the court below (one year of fine of three million won and one year of suspended execution) is too uneasible and unfair.

2. We examine the judgment on the grounds of appeal, and the above circumstances alleged by the prosecutor are deemed to have been sufficiently considered when determining the punishment at the court below. This is the first offender with no criminal power, and thus, the Defendant is in good faith against the mistake while admitting all the facts of the instant crime, and seems to have resulted in the instant crime. The degree of coercion exercised in good faith is not very unusual, and the Defendant was at a disadvantage in relation to his status, such as a disciplinary action for three months of suspension from office, due to the instant case, etc., the sentencing of the court below is too uncompared, and thus, does not seem to have exceeded the reasonable scope of discretion.

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

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