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(영문) 대전지방법원 2015.07.16 2014노2113
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal against the Defendants (e.g., imprisonment of three years, suspension of execution of four years, probation, Defendant B: imprisonment of one year, suspension of execution of one year, two years, probation, etc.) are deemed to be too uneasible and unfair.

2. The Defendants’ nature of each of the crimes of this case is not that of the Defendants in light of the methods and patterns of each of the crimes of this case, and the degree of damage.

However, in the case of Defendant A, there is no other history of criminal punishment except that sentenced to a fine due to assault and assault, and in the case of Defendant B, the first offender who has no record of criminal punishment; in the case of Defendant B, the Defendants appears to have agreed with the victim E. [2014 senior group549] case and [2014 senior group1462] case and [2014 senior group14] case, the Defendants made efforts to recover damage by depositing KRW 400,000 and KRW 2 million for each of the above cases in F and I as the victim. The Defendants may expect improvement of character and behavior as a relatively young age, and the Defendants’ age, character and behavior, environment, motive, means and consequence of the crime, the conditions of sentencing provided for in Article 51 of the Criminal Act, the sentencing guidelines of the Sentencing Committee, and the scope of recommendations in accordance with the sentencing guidelines of the Sentencing Committee, the prosecutor’s assertion that the Defendants are too unjustifiable and unreasonable is not justified.

3. In conclusion, since the prosecutor's appeal against the defendants is without merit, it is dismissed in entirety under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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