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(영문) 수원지방법원 2015.04.09 2014노4515
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the defendant's grounds of appeal (e.g., the defendant's mistake, the damage to the victim was affected, the Dong expressed his/her intent not to have the defendant punished, the defendant's daily work at a lower level, and his/her substitute driving at night, etc., and it is difficult to carry out the community service order in reality, it is unfair for the court below's sentence that sentenced the community service order for six months, the suspension of execution of one year and 80 hours is too unreasonable.

2. The Defendant, at the Suwon District Court on December 5, 2013, was sentenced to a fine of KRW 700,000 for the crime of bodily injury and was sentenced to criminal punishment. The instant crime is a threat to the victim’s face by breaking a softener, and the nature of the crime is not good. In light of the motive and background of the instant crime, the circumstances before and after the instant crime, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s character and conduct, etc. as indicated in the instant records and arguments, the lower court’s punishment is not determined unreasonable even considering the circumstances asserted in the grounds for appeal, and there is no reason to believe that the said assertion is unreasonable.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to do so. It is so decided as per Disposition.

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