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(영문) 수원지방법원 2017.06.29 2017노1103
특수협박
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty, confiscation) is too unhued and unreasonable.

2. The judgment of the Defendant stops following the victim’s vehicle, which led to the occurrence of the instant case, the victim appears to have suffered a serious threat by reporting the gas gun, and the fact that the victim did not appear to have agreed with the victim or sought a letter from the victim is disadvantageous to the Defendant.

However, in full view of the following facts: (a) the Defendant, after putting the Defendant in the gas gun immediately after putting the Defendant into the gas gun and using the gas gun, appears to have never been in danger; (b) the Defendant had no record of being punished for violent crimes before committing the instant crime; and (c) other various sentencing conditions indicated in the records, such as the Defendant’s age, sex, family environment, circumstances of the crime, and circumstances after committing the instant crime, the lower court’s punishment is too unreasonable and thus, the 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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