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(영문) 창원지방법원 2014.09.17 2014노1401
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment (two months of imprisonment, confiscation) is too unreasonable.

2. The instant crime was committed in favor of the Defendant, such as: (a) the Defendant’s knife the knife and excessive knife, which is a dangerous object; and (b) intimidation the victims of minor crimes; and (c) interfered with the performance of duties by threatening police officers with the above excessive roads; (b) the Defendant recognized all the instant crime; and (c) the Defendant did not have any criminal record

However, in light of the fact that the defendant did not have agreed with the victims, and that the crime of the special obstruction of performance of official duties of this case committed against many police officers working within the district, and the risk of human life damage could be caused, etc., the court below acknowledged that the defendant's punishment of the crime of the special obstruction of official duties of this case was disadvantageously unfair as the result of the application of the sentencing guidelines by the sentencing committee of the Supreme Court, as a result of the application of the sentencing guidelines, the court below sentenced a punishment lower than the above recommended punishment by taking into account the favorable circumstances mentioned above, taking into account the following favorable circumstances, it is difficult to view that the court below's punishment is too unfair because it is excessively unreasonable.

Therefore, the defendant's assertion is without merit.

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

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