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(영문) 광주지방법원 2013.04.03 2011노3185
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the prosecutor’s gist of the grounds of appeal (e.g., excessive use of dangerous weapons and intimidation of the victim, etc., the court below’s sentence which sentenced 2 years of suspended sentence in August and 120 hours of community service order is too uncontestably unconvable and unfair, in light of the following: (a) the Defendant’s excessive use of dangerous weapons and intimidation of the victim; (b) the Defendant

2. In light of the motive and background leading up to the instant crime, the circumstances before and after the instant crime, the Defendant’s age, character and conduct, environment, etc., as well as the scope of recommended punishment and the criteria for suspension of execution according to the sentencing guidelines for violent crimes, the lower court’s punishment cannot be deemed to be too unreasonable, considering the circumstances alleged in the grounds for appeal, even if it is considered that the Defendant’s punishment is too unreasonable. Thus, the above assertion is without merit.

3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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