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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산지방법원 2012.11.16 2012노2743
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. Although the judgment of the defendant is against the defendant and there are favorable circumstances for the defendant, such as the fact that the defendant has reached an agreement with the victim, the defendant has been sentenced three times of punishment as well as several times of punishment. However, in full view of the fact that the defendant committed each of the crimes of this case during the repeated crime due to the crime of violation of the Punishment of Violences, etc. Act (Habitual Bribery), and other circumstances that form the conditions of sentencing as shown in the records, such as character, age, environment, motive and circumstance of the crime, means and consequence of the crime, relationship with the victim, circumstances after the crime, etc., it is not recognized that the sentence imposed by the court below is too unreasonable.

3. According to the conclusion, the defendant's appeal is dismissed for lack of grounds.

[However, among the judgment of the court below, Article 35 and Article 42 of the Criminal Act's "the proviso of Article 35 and Article 42 of the Criminal Act" is clear that it is a clerical error of "Article 35 of the Criminal Act" [limited to the proviso of Article 42 of the Criminal Act in the case of a violation of the Punishment of Violences, etc. Act (or, however, in the case of a violation of the Punishment of Violences, etc. Act (or, within the limits of the proviso of Article 42 of the Criminal Act)].

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