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(영문) 수원지방법원 2018.03.30 2017노8095
특수협박
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.

2. The Defendant had the record of having been punished several times due to the crime related to violence, and in particular, even if the Defendant was punished by a fine as a result of causing damage to property during the period of repeated crime due to the crime related to violence, the Defendant committed the instant crime before the period of repeated crime expires, etc., which is disadvantageous to the Defendant.

On the other hand, the fact that the defendant is against the defendant's wrong recognition and the defendant suffers from both polarly disabled diseases is favorable to the defendant.

Considering the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem the lower court’s punishment to be too unfortunate and unfair.

Therefore, the prosecutor's above 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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