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(영문) 수원지방법원 2015.08.21 2015노611

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended execution in August, and forty hours of probation and order to attend a lecture) of the lower court is deemed to be too unhued and unreasonable;

2. The crime of this case is deemed to have been threatened by a knife and knife, which is a dangerous object on the ground that the victim does not have any credit, and the nature of the crime is very heavy, and the defendant has been punished several times due to the same crime, etc., which is unfavorable to the defendant, or, in full view of the circumstances such as the defendant's recognition of the crime, the fact that the defendant seems to have committed the crime of this case, the defendant appears to have reached an contingent agreement, the victim does not want the punishment of the defendant, and other circumstances that are conditions for sentencing specified in this case, including the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime, etc., the court below's punishment is deemed to have been too unjustifiable, and thus,

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.