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(영문) 창원지방법원 2015.05.27 2015노206
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment with prison labor for not less than ten months and the community service order of not less than two years and 120 hours) imposed by the court below is unreasonable.

2. Although there are favorable circumstances, such as the confession and rebuttal of the defendant, the fact that the defendant made an agreement with the victim, the fact that the defendant is in a position to support his family, the crime of this case is committed by threatening the victim in a kacker knife, which is a dangerous object without any particular reason, in light of the motive or tool of the crime, and the crime of this case is not good in light of the motive or tool of the crime, and the criminal liability is very heavy, and the defendant has a history of punishment several times due to violence in the past, the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Commission of the Supreme Court (one-one year imprisonment), and other factors of sentencing as shown in the records and arguments, such as the defendant's age, character and behavior, environment, motive, means and consequence after the crime, are considered, it cannot be deemed that the punishment imposed by the court below is excessively unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

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