beta
(영문) 수원지방법원 2013.07.11 2013노2314

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

The defendant's appeal is dismissed.

Reasons

1. The court below found the defendant not guilty on the fraud among the facts charged in the instant case, and found the defendant guilty on the remaining part of the facts charged in the instant case. Since only the defendant appealeds the conviction on the grounds of unfair sentencing, and the part of the judgment of the court below's acquittal was separately decided, the scope of the court'

2. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (one year and six months) is too unreasonable.

3. The judgment of the court below, despite the fact that the defendant led to the confession of the crime of this case and reflects on the nature of the victim E, it is necessary to give the defendant an opportunity to reflect against the defendant through confinement life for a certain period of time in view of the fact that the defendant's intimidation and assault against the victim E is committed during the suspension of execution, and that the defendant seems to have been repeatedly committed violent crimes, and that violent tendency of the defendant seems to be considerably high. It is not unreasonable to impose the sentence of the court below in light of all the sentencing conditions including the defendant's age, character and behavior, environment, motive, circumstance of the crime

4. In conclusion, the defendant'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.