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(영문) 창원지방법원 2013.07.18 2013노574

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main points of the grounds for appeal are that of the lower court’s punishment (the grace period and the grace period: imprisonment of eight months) is too unhued and unfair.

2. Although the nature of the crime is not good to threaten the victim by using hand, which is a dangerous object of the defendant's judgment, the defendant committed each of the crimes of this case at the trial, the defendant's perception of each of the crimes of this case and reflects the wrongness, the conflict between the siblings surrounding the support, etc. of the mother was accumulated, which led to each of the crimes of this case in shock, and the defendant has no criminal records of any criminal punishment except for a fine of KRW 500,000 due to the violation of the Road Traffic Act one time; if the defendant is sentenced to a heavy punishment, conflicts between the punishment system may be further reduced by leaving the present workplace due to the death of the defendant from the present workplace and being directly threatened with his livelihood; in light of all the records and arguments of this case, such as the defendant's age, character, environment, motive, means and consequence of each of the crimes of this case, and the circumstances after the crime, etc., the prosecutor's assertion that the judgment of the court below is unreasonable and unreasonable.

3. In conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.