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(영문) 수원지방법원 2017.03.30 2017노229
특수협박등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence (6 months of imprisonment, 6 months of confiscation) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. We also examine the judgment and prosecutor’s arguments.

The fact that the defendant recognized each of the crimes of this case and reflected, and that the defendant has no record of criminal punishment other than the issuance of a fine for a summary order once for a double-class crime, etc. are favorable to the defendant.

On the other hand, the crime of this case is an unfavorable circumstance to the defendant, in light of the risk of the act that the defendant threatened the victims by using excessive and provisional measures, or obstructed the performance of official duties, and is not good in terms of the nature of the crime, and is not recovered from the victims or did not agree with the victims.

When comprehensively considering the overall circumstances and conditions of sentencing such as the Defendant’s age, sex, environment, family relationship, etc., the lower court’s sentencing does not seem to be too weak or unreasonable. Therefore, the Defendant and the Prosecutor’s assertion are without merit.

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

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