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(영문) 서울서부지방법원 2016.07.28 2016노520
특수협박등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. On the summary of the grounds for appeal by the defendant and the prosecutor, the court below asserted that the defendant's punishment imposed by the court below (a punishment of August, 40 hours of imprisonment, orders to complete sexual assault treatment programs, confiscation) is too unreasonable, and the prosecutor is too unfied and unfair.

2. There is no change in the conditions of sentencing compared with the original judgment because a new sentencing data has not been submitted at the trial of the original judgment. In full view of all the reasons for sentencing presented by the lower court, the sentence imposed by the Defendant is within the scope of the sentencing discretion assigned to the lower court, and it cannot be deemed that the pertinent punishment is too heavy or too unreasonable because it is too excessive.

Therefore, the argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

3. According to the conclusion, all appeals filed by the defendant and the prosecutor are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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