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(영문) 부산지방법원 2017.09.29 2017노1937
특수협박
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to 7 million won, 1.0 million won, 1.00 won, 1.00 won, 1.00 won, 1.00 won, 1.

2. Although the defendant committed the instant crime even though he/she had several criminal records of violence, he/she appears to have committed the instant crime in a contingent manner in the course of dispute with the victim, he/she seems to have committed the instant crime in depth, and the victim has not been punished in excess of the victim.

In addition, considering various circumstances, including the Defendant’s age, sex, environment, and mental disorder, which are subject to support for the family, such as the fact that the Defendant’s age, sex, and physical disability should be included, the lower court’s punishment cannot be deemed unfair because it is too unfeasible to the sentencing condition stipulated in Article 51 of the Criminal Act.

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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