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(영문) 울산지방법원 2019.07.19 2019노408
협박
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to six months of imprisonment, two years of suspended execution, one year of probation, and 40 hours of community service) declared by the court below is too uneasy and unreasonable.

2. The following facts are considered: (a) the Defendant sent a text message of intimidation to the victim several times a day; (b) the Defendant intimidation the victim’s children; (c) the victim was suffering from considerable mental pain and fear; and (d) the Defendant’s liability for the crime was not easy; (c) the victim did not agree with the victim or was unable to recover from damage; and (d) the victim was punished against the Defendant.

However, in full view of the fact that the Defendant recognizes and reflects the instant crime, the relationship between the Defendant and the victim, and the relationship of claims and obligations arising from the same business, etc., which led to a contingent crime in the course of continuing the dispute, and other factors of sentencing as indicated in the instant argument, including the Defendant’s age, character and conduct, environment, and family relationship, the lower court’s punishment appears to be within a reasonable and appropriate scope and cannot be deemed unreasonable.

Therefore, prosecutor's assertion is without merit.

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

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