logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2013.10.24 2013노761
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year, three years of suspended sentence, and probation) of the lower court is too uneased and unreasonable.

2. In light of the fact that the Defendant had been punished several times due to the violation of the Punishment of Violences, etc. Act, and the crime of this case requires the improvement of the victim, which is a dangerous object, within the electric vehicle, which is a means of public transportation, and prevents the operation of the electric vehicle by threatening the victim and avoiding disturbance, and that the risk of the crime is so high that the crime is bad that it is committed, the Defendant should be punished strictly.

However, in full view of all the sentencing conditions, including the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, etc., the lower court’s punishment is deemed reasonable, and it cannot be deemed unfair because it is too unreasonable, in light of the following: (a) the Defendant led to the instant crime; (b) the Defendant appears to have committed the instant crime by drinking alcohol; (c) the Defendant appears to have committed the instant crime by contingency; and (d) the occurrence of serious damage to the victim, etc. by drinking alcohol; and (c) the Defendant

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

arrow