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(영문) 대구지방법원 2019.09.20 2019노1376
특수협박
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable since each sentence (a fine of KRW 3 million is imposed on the Defendants, and a fine of KRW 2 million is imposed on the Defendants A) declared by the lower court to the Defendants is too uneasible.

2. The crime of this case is determined by the following facts: the Defendants, while in possession of dangerous objects attached to each other, threatened or injured the Defendants; the crime of this case is not weak; the crime of this case is not poor; Defendant A was sentenced to a fine for special intimidation; Defendant A was sentenced to a total of 12 times of punishment including three times of punishment; Defendant B was sentenced to a fine for the crime of this case; Defendant B was sentenced to a total of 11 times of punishment including one time of suspended sentence for other crimes of this case; Defendant A committed the crime of this case during the period of repeated crime; Defendant B was sentenced to a suspended sentence of 2 years of imprisonment on December 27, 2017; Defendant B was sentenced to a suspended sentence of 2 years of imprisonment on December 27, 2017; and Defendant A committed the crime of this case during the suspended sentence period.

However, it is also recognized that both the Defendants recognized the instant crime and reflect, agreed with each other, Defendant B did not take heavy weight due to Defendant A’s intimidation, Defendant A and her women’s friendliness appears to have induced the instant crime, and Defendant B did not have a criminal record.

In addition, in full view of the following circumstances: (a) the Defendants’ age, character and conduct, environment, family relationship, motive and background of the offense, means and consequence, etc.; and (b) there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment; and (c) it is not recognized that the sentence imposed on the Defendants is too uneasible and unfair.

3. In conclusion, the appeal against the Defendants by the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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