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(영문) 서울중앙지방법원 2014.09.25 2014노2701
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit any other crime except the fraud (Article 1(d) of the first instance judgment) against the victim J.

B. The lower court’s sentencing (one year of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the fact that the Defendant committed each crime as stated in the lower judgment can be fully recognized.

The defendant's assertion of mistake is without merit.

B. There is no history of punishment against the defendant on the assertion of unfair sentencing, and there are extenuating circumstances, such as that the defendant was not subject to punishment as a sentence, and that the defendant was in a party trial, and that the court does not have the punishment for the defendant.

However, the defendant has been punished more than 10 times, including two times of the past suspended execution, and the defendant has been repeatedly committed by small merchants and is also bad.

Until the trial of the case, the defendant did not take any measures to recover damage to the victims except the J until the trial of the case, and instead, it did not completely repent of his mistake, such as filing a complaint against some victims as a crime of unafford accusation.

In addition, in full view of various circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense, and circumstances after the offense, etc., the Defendant’s assertion of unfair sentencing is without merit, since the sentence imposed by the lower court is too unreasonable.

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

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