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(영문) 인천지방법원 2014.06.27 2014노1323

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The judgment of the court below is reasonable in full view of all favorable circumstances, such as the fact that the defendant recognized the crime of this case, the defendant appears to have committed contingent crimes under the influence of alcohol, the fact that the defendant does not proceed to a crime of assault or bodily injury, but the defendant committed the crime of this case again despite the fact that he had been punished for a suspended sentence on April 15, 2010 due to the same crime, and the victims appear to have suffered considerable mental harm in light of the form of the crime of this case, although the victims appear to have made efforts to recover the victims, the defendant did not have made efforts to recover the victims' damage; the defendant committed the crime repeatedly; the defendant has no special circumstances or changes that may be newly considered in sentencing after the sentence of the court below was pronounced; the motive and means of the crime of this case, the relationship with the victims, the motive and consequence of the crime of this case, and the circumstances after the crime, etc.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal 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.