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(영문) 대전지방법원 2014.12.04 2014노2737

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and six months of imprisonment) shall be excessively unreasonable.

2. The judgment appears to have led to the crime of this case due to the influence of mental division. However, the crime of this case is deemed to have been committed by the defendant without any particular reason because the defendant, without any particular reason, damaged goods by entering a Section, threatened victims, threatened them, abused them, or was investigated by the police, and its nature is not good, and the defendant is going to commit the crime of this case again during the period of repeated crime. The court below seems to have sentenced punishment after mitigation of the original statutory punishment in consideration of the defendant's mental and physical state, and other factors of sentencing stipulated in Article 51 of the Criminal Act, such as age, character, character, environment, motive, means and consequence of the crime, circumstance before and after the crime, etc., the court below's punishment imposed by the defendant is too unreasonable. Thus, 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 on the ground that it is without merit. It is so decided as per Disposition.