beta
(영문) 청주지방법원 2014.08.13 2014노572

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The Defendant committed each of the instant crimes against several victims from the date immediately after the completion of the sentence on April 7, 2013 to the date of arrest on April 24, 2014 due to the crime related to the use of violence, and the fact that the Defendant did not agree with the victim M&A is disadvantageous to the Defendant, in particular, due to the following: (a) the Defendant committed each of the instant crimes against several victims from the date of the completion of the sentence on April 7, 2013 to the date of the completion of the sentence on April 24, 2014.

However, in light of the following circumstances: (a) the Defendant recognized each of the instant offenses, and the victim H, K, and the lower court agreed to seek a preference against the Defendant; and (b) the said victims have married with a female living together with the said female before the Defendant was detained after the release of the instant case and not re-offending with his family; and (c) other circumstances indicated in the records, such as the Defendant’s age, character and behavior, environment, family relationship, circumstances leading up to and motive for the commission of the instant offense, and circumstances after the commission of the instant offense, it cannot be deemed that the lower court’s punishment (one year of imprisonment, and confiscation) is unreasonable as it is too unreasonable.

2. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.