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(영문) 부산지방법원 2018.09.07 2018노2240
협박
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (an amount of KRW 3 million) is too minor.

2. In full view of all the conditions of the arguments and the records of the judgment of the court below, including the unfavorable circumstances (the nature of the crime is not good in light of the contents of intimidation, the records of the same crime, the fact that the defendant did not receive a letter from the injured) and favorable circumstances (a confession and the crime in this case seems to have occurred by contingency) as stated in the reasoning of sentencing, the judgment of the court below exceeded the reasonable limit of discretion, in light of the following factors: the defendant's age, character and intelligent environment, motive means of the crime, and the circumstances after the crime.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the prosecutor’s assertion is without merit.

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

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