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(영문) 서울남부지방법원 2016.04.07 2015노1982

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

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The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal is that the Defendant, with the complete discontinuance of contact with his family members, was unfilled at the construction site. As such, the Defendant committed each of the instant crimes under the influence of alcohol without suspicion or alcohol. In the case of special intimidation and interference with business, the Defendant had a knife for the purpose of undermining his own self-harm and did not intend to threaten the victim.

In the case of injury, the victim first gets the defendant to spread the water, and the defendant was not involved in the chemicalization, and the victim was assaulted contingently.

The victims of special intimidation and interference with business have reached an agreement with the victim in the first instance.

Before being bound by each of the crimes in this case, the defendant employed L's environment as L's source, and the defendant would not repeat again by practicing a single house in the future.

It is harding to do so.

In full view of these circumstances, the punishment sentenced by the court below (two years of imprisonment) is too unreasonable.

2. The judgment of the court below is acknowledged to have reached an agreement with the victim D when considering the circumstances favorable or unfavorable to the defendant and all other factors of sentencing, including the defendant's age, sex, career, family relation, environment, motive, means and consequence of the crime, circumstances after the crime, criminal experience, etc., the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.