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(영문) 대전지방법원 2017.02.08 2016노2280
특수협박등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two years of suspended execution in the month of imprisonment with prison labor, two years of probation, and two hundred hours of community service order) is too unhued and unreasonable.

2. The judgment of the court below is reasonable in light of the following circumstances: (a) the victim was threatened with the victim due to a shouldered softener's disease, and the nature of the crime was grave; (b) the victim who is only two years of age was seriously injured; and (c) the victim was physically physically injured; and (d) the victim did not reach an agreement with the victim, resulting in a serious danger to the body of the above victim; and (e) the victim did not wish to continue to punish the victim with strong punishment.

However, there may be also be favorable circumstances such as the fact that the Defendant was attempting to commit the instant crime and did not reach an agreement, which appears to have expressed the intent to commit a considerable crime against the victim, the fact that the victim deposited part of the amount of damage for the victim under the judgment of the court below, the fact that there was no record of criminal punishment, and in particular, it appears that the victim made efforts to recover the damage by depositing the amount of additional damage for the victim, etc.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means, and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment cannot be deemed unfair because it is too uneasible.

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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