logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.05.30 2018노373
특수협박
Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing the sentencing of the gist of the grounds for appeal (the sentence of the lower court: a fine of KRW 10 million);

2. The lower court, under the circumstances that the instant crime was committed during the suspension of execution, rendered a sentence by taking into account the following factors: (a) the Defendant was led to confession and the victim did not want the Defendant’s punishment; and (b) the Defendant’s age, sexual conduct, environment, motive and means of the instant crime; and (c) the circumstances after the crime were committed, taking into account various sentencing conditions specified in the instant records and arguments.

The grounds for the improper sentencing (the necessity of severe punishment against the socially weak, the seriousness and inferior nature of the case, the defendant's previous conviction, and the risk of recidivism) alleged by the prosecutor are shown to have been sufficiently considered in determining the punishment against the defendant, and the above conditions of the sentencing have changed otherwise.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

The prosecutor's assertion is without merit.

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

arrow