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(영문) 대전지방법원 2016.09.07 2016노533
특수협박등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment, and 40 hours of order to complete a sexual assault treatment program) is too unhued and unreasonable.

2. It is reasonable to impose severe punishment on the defendant according to the circumstances, such as the fact that the defendant committed the crime of this case with a deadly weapon is highly likely to commit the crime of this case, and the victims want to be punished because they failed to reach an agreement at all with the victims.

However, in full view of the fact that the victims did not have a significant degree of damage caused by the instant crime, and that there is no special change in circumstances to determine the sentencing conditions and the punishment differently from the original judgment, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, etc., the lower court’s punishment cannot be deemed unfair because it is too unabundable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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