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(영문) 광주지방법원 2014.05.29 2014노710
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We also examine each of the allegation of unfair sentencing by the defendant and prosecutor.

Among the crimes of this case, the crimes committed in schools are under the supervision of several students and the students are threatening to the victims who are the students and the students who are the students, and the right to be respected in our society is serious challenge to the students who interfere with the students, and the crime is not very good that the victims and the students who are able to be respected with serious mental impulse and fears, the degree of injury of the victims K is considerably serious, and the defendant has a majority of the criminal records of the same kind of crime, it is inevitable to punish the defendant significantly.

However, in light of the fact that the defendant recognized all of his criminal acts, the fact that the defendant agreed with the victims for the first time, and other various factors specified in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's age, character and conduct, environment, etc. as shown in the records and arguments of this case, the court below's punishment is too heavy or is deemed unreasonable. Thus, the above assertion by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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