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(영문) 수원지방법원 2014.07.14 2014노2654

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is too unreasonable.

2. On December 21, 2012, the Defendant: (a) was sentenced to a suspended sentence of one year for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Sungwon District Court Branch Branch on the grounds of the Defendant’s violation of the Punishment of Violences, etc. Act; (b) without being aware of the fact that he/she had been sentenced to a suspended sentence of one year; (c) carried another dangerous object during the suspended sentence; (d) threatened the victim D and his/her relatives who live together with the victim E for a six-day medical treatment; and (e) inflicted injury upon the victim E in need of six-day medical treatment; and (e) refused to have a mixed accommodation with the minors, the Defendant damaged television owned by the victim on the ground that the nature of the instant crime was excessive; (d) it appears that the Defendant agreed with the victim E and the fact that the victim D had a family member to support the Defendant; and (e) there were no special circumstances or changes in circumstances that may be newly considered in sentencing after the pronouncement of the lower judgment.

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