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(영문) 대전지방법원 2016.07.14 2016노376
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unlawful in sentencing) of the lower court’s sentence against the Defendant (in 10 months of imprisonment, 2 years of suspended execution, observation of protection, 40 hours of attendance order for alcohol treatment, 80 hours of community service order, confiscation, etc.) is unreasonable.

2. In light of the course and method of the instant crime, it is not good in light of the nature and method of the instant crime, the fact that the Defendant was punished several times of violence crimes is disadvantageous to the Defendant, or that the Defendant was led to the confession of the instant crime, the victim does not want the Defendant’s punishment, and taking full account of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sexual behavior, environment, motive, means and consequence, etc., the lower court’s sentence against the Defendant cannot be deemed unfair, and thus, the prosecutor’s improper assertion of sentencing is without merit.

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

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