beta
(영문) 대구지방법원 2013.07.25 2013노674

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, three years of suspended execution, three years of probation, 200 hours of community service, and 40 hours of compliance driving) declared by the court below is too uneasy and unreasonable.

2. The accused has been sentenced to a fine or a suspended sentence for an violent crime.

The Defendant’s crime of this case is a police officer F who was dispatched upon receipt of a report, with a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

However, the defendant has no record of criminal punishment for the last ten years.

There are some circumstances for the defendant to take account of the circumstances leading up to the dispute with the victim D, the victim D is not injured, and the police officers also go beyond the defendant to avoid the knife, but did not cause any particular damage.

The defendant does not want to punish the defendant under the agreement with the victim D.

In addition, considering all the sentencing conditions shown in the records and arguments, such as the age, character and conduct, environment, family relationship, etc. of the defendant, the sentence imposed by the court below 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 as it is without merit. It is so decided as per Disposition.