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(영문) 춘천지방법원 2014.08.13 2014노358

폭력행위등처벌에관한법률위반(집단ㆍ흉기등공갈)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (two years and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. In light of the following circumstances: (a) the Defendant did not agree with the victims other than L, and did not seem to have any effort to recover damage; (b) the nature of the crime is not good in light of the means of the crime; and (c) the Defendant had three-time criminal records of the same kind of punishment; and (d) considering the fact that the Defendant expressed his intent of reflect while recognizing his mistake; (b) the victim does not want the Defendant’s punishment; and (c) the Defendant has a child who must support the Defendant; and (d) taking into account other favorable circumstances, taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) various sentencing conditions shown in the pleadings, such as the circumstances after the crime, etc., the sentence of the lower court is too heavy or unreasonable. Therefore, each of the above arguments by the Defendant and the prosecutor are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.