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(영문) 서울중앙지방법원 2020.07.24 2019노3323
특수협박등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a prison term of six months, a suspended sentence of one year, an order to attend a course of forty hours, and an order to provide community service for eight hours) declared by the court below is too unfford and unreasonable.

2. Where there is no change in the sentencing conditions compared to the judgment of the court below, and the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Circumstances the Prosecutor asserts as an element of sentencing in this court are already revealed in the hearing process of the lower court, and there is no particular change in circumstances regarding the matters subject to sentencing after the lower judgment was sentenced.

In addition to the above circumstances, examining the following circumstances: (a) the Defendant agreed with the victim C in the trial; and (b) the Defendant’s age, character and conduct, environment, motive and means of committing a crime; and (c) the circumstances after committing a crime; and (d) all of the sentencing conditions as indicated in the instant arguments and records, the sentence imposed by the lower court is deemed unreasonable.

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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