beta
(영문) 의정부지방법원 2013.05.16 2013노117

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of imprisonment with prison labor for not less than six months (the suspended sentence of imprisonment for six months) by the court below is deemed to be too unhued and unfair;

2. The Defendant’s act of obstructing and threatening the course of the victim’s driver’s vehicle by his own car is not good in that it is a dangerous act leading to a large traffic accident. However, the instant crime appears to have provided the cause of the victim’s intervening. In fact, the Defendant did not lead to a traffic accident; the Defendant did not have the same criminal power; the Defendant agreed with the victim; the Defendant’s mistake was divided; the Defendant committed the instant crime; the circumstances leading to the instant crime, including the Defendant’s age, character and conduct, method of crime, and circumstances after the crime, etc., do not seem to be unreasonable in light of all the sentencing conditions indicated in the instant records.

3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.