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(영문) 전주지방법원 2015.08.12 2015노215

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (ten months of imprisonment, two years of suspended execution, and eight hours of community service) against the accused in the summary of the grounds for appeal is too unfasible.

2. In full view of the following factors: (a) the Defendant was found to have committed the instant crime and committed the instant crime, thereby recognizing his mistake; (b) the victims are relatively minor; (c) the circumstances leading up to the instant crime; (d) the Defendant has no record of criminal punishment since 2002; and (c) the Defendant has no record of criminal punishment; and (d) other factors of sentencing as indicated in the instant pleadings, including the Defendant’s age, criminal records, character and conduct, environment, family relationship, motive and circumstance of the instant crime; and (e) the lower court’s sentence to the Defendant is deemed to be appropriate and deemed to be unreasonable, and thus, the prosecutor’s aforementioned assertion is without merit.

3. According to the conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal of this case is without merit. It

[However, in accordance with Article 25 of the Rules on Criminal Procedure, Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014) of the Criminal Procedure Act shall be corrected to Article 3(1) and Article 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 201).