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(영문) 춘천지방법원 강릉지원 2015.09.17 2015노387
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (Article 1-1(a) of the original judgment: fine of 2 million won, and Article 1-2(b), 2, and 3 of the original judgment: Imprisonment with labor for one year) is too unreasonable.

3. The fact that the Defendant recognized each of the instant crimes and reflected, etc. is favorable to the sentencing.

However, even though the defendant had been punished several times for the same crime, and in particular, even though he was sentenced to a fine by committing two-time assaults during the suspension period of the execution of the same crime, he is again sentenced to the first of the judgment of the court below during the suspension period.

In full view of the facts that the Defendant committed the remaining crimes except the crimes, the victims did not recover from damage, and the motive, background, means and result of each of the crimes of this case, the circumstances before and after the commission of the crimes, the Defendant’s age, character and conduct, environment, and other circumstances of sentencing as shown in the records and arguments, the punishment imposed by the lower court is too unreasonable, even considering the favorable circumstances as seen earlier.

Defendant’s assertion is without merit.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition.

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