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(영문) 춘천지방법원 2013.06.12 2013노15

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and 2 years of probation, probation, community service, and 120 hours of probation) of the lower court’s sentence against the Defendant is deemed unreasonable.

2. The crime of this case was committed with a knife, which is a dangerous thing of the defendant, and thus is disadvantageous to the defendant in light of the type of crime, degree of damage, etc. However, although the defendant's appearance of crime and degree of damage are not mitigated, the defendant's mistake is divided in depth, there is no record of punishment exceeding the fine, the defendant agreed that the defendant was punished in full with the victims, and taking into account the motive and background leading up to each of the crimes of this case, circumstances after the crime, the defendant's age, character and conduct, and environment, and other various factors of sentencing as shown in the records, the court below's sentencing is deemed unfair. Thus, 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 ground that it is without merit. It is so decided as per Disposition.