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(영문) 창원지방법원 2017.07.06 2017노1158
강요
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the gist of the grounds of appeal is unreasonable because the punishment (3 million won in penalty) of the court below is too unfilled.

2. Although there are grounds for unfavorable sentencing, such as the following: (a) the degree of intimidation, such as the following: (b) the degree of intimidation is serious; (c) violence criminal records are several times; and (d) the fact that the defendant led to the confession of the crime and committed the instant crime to receive a loan to the victim; (b) there are circumstances to be taken into account as it committed the instant crime; (c) the return of the vehicle; (d) the reason for favorable sentencing, such as the return of the vehicle; (e) the fact that there was no criminal record exceeding the suspension of the execution of imprisonment; and (e) the defendant’s age, family relation, economic situation; (e) the background leading to the crime and motive leading to the instant crime; and (e) other matters concerning the sentencing as indicated in the records and arguments of

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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