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(영문) 대구지방법원 2014.09.05 2014노1801
공갈
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) imposed by the lower court is too uneased and unreasonable.

2. It is recognized that the defendant committed the instant crime without being aware of the fact that he/she was in the period of suspension of execution due to the same crime, etc., and that the nature of the instant crime is not weak.

However, there are other circumstances such as the Defendant’s confession of the instant crime, the fact that the amount of damage is minor, the Defendant made efforts to recover damage to the victim, the Defendant’s full agreement with the victim, and the fact that it seems that there is room for relatively improvement and edification as yet. In full view of various sentencing factors, such as the Defendant’s age, character and behavior, environment, motive and circumstance of the instant crime, means and consequence, etc., the lower court’s punishment is too uneasible and unreasonable.

Therefore, the prosecutor's above assertion is without merit.

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

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