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(영문) 창원지방법원 2014.11.19 2014노2109
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The crime of this case committed by the Defendant with a knife, which is a deadly weapon, and threatened the victim C, and by force interferes with the cafeteria business of the said victim, or by stealing one bitle owned by the victim F, thereby threatening the victim H.

However, on August 29, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) on one year and six months on January 21, 2014, and was in the period of repeated crime upon termination of the enforcement of the sentence on January 21, 2014, and committed the instant crime without being aware of the fact that he/she committed the instant crime, and the victims did not agree with the victims. There is no change of circumstances that may differ from the lower judgment in the court’s judgment, and there is no other change of circumstances that could have different from the Defendant’s age, character and behavior, environment, circumstances of the crime, means and consequence of the crime, and the circumstances after the crime, etc., as a whole, it cannot be deemed that the Defendant’s punishment that

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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