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(영문) 대전지방법원 2014.11.13 2014노2611

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

Defendant

The appeal is dismissed.

Reasons

Summary of Grounds for Appeal

(F) The sentence of the original court (one year and four months of imprisonment) is too unreasonable.

Judgment

It is reasonable to consider that the defendant reflects his mistake in depth, the degree of damage suffered by the victims is relatively minor, and the defendant's health is not good.

However, the crime of this case is not deemed to be unfair because the sentence of the court below is too unreasonable in light of the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and all other sentencing conditions, including the following: (a) the defendant drinks the drinking, obstructs the performance of public officials' legitimate duties, and threatens the victim by carrying dangerous things, and threaten the victim by carrying the dangerous things; (b) the defendant has been punished several times of the same crime; and (c) the defendant repeatedly committed the crime; and (d) other various sentencing conditions, such as the defendant's age, character and behavior, environment, motive and consequence of the crime;

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.