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(영문) 대전지방법원 2015.05.22 2014노3370

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the court below (one hundred months of imprisonment and two years of suspended execution) is too unhued and unreasonable.

2. Determination

A. In light of the fact that the nature of the crime is not less than that of intimidation against the victim due to a shouldered major disease, which is a dangerous object of the defendant, and that the previous case has several times with the victim, it is necessary to punish the defendant strictly.

B. Meanwhile, there are extenuating circumstances, such as the Defendant’s failure to impose a sentence, confession and reflects a crime, and the Defendant committed an contingent crime in a state of drinking.

In addition, considering the Defendant’s age, family relation, living environment, circumstances, results, and all of the sentencing conditions indicated in the instant case, the sentence of the lower court is adequate.

3. The appeal by the prosecutor of the conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.