logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.10.13 2016노1265
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The punishment sentenced by the original court (two years of imprisonment for a period of ten-month suspension, probation, and community service order 160 hours) in the summary of the grounds for appeal is too uneasible and unreasonable;

2. In view of the fact that the Defendant’s act of overcoming and threatening the injury of the victim itself is highly likely to cause criticism and that there is a power that the Defendant has been punished several times due to violent crimes, such as being sentenced to suspended execution of imprisonment for the same kind of crime, etc., it cannot be denied that it is necessary to sentence more severe punishment to the Defendant.

However, the circumstances such as the defendant's attitude to recognize and reflect the defendant's mistake, the fact that the defendant does not want the defendant's punishment by mutual consent with the victim in the trial, and that the defendant has no record of punishment exceeding the fine up to the recent years as well as the suspended sentence of imprisonment for the same kind of crime in 2009 should also be taken into account in sentencing against the defendant.

Considering the above circumstances and other circumstances such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, the sentence sentenced by the court below is within the scope of appropriate sentencing discretion.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

arrow