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(영문) 수원지방법원 2014.11.13 2014노2419
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant in the summary of the grounds for appeal is too unreasonable (the imprisonment of eight months, the suspension of execution of two years, and the community service order80 hours).

2. In full view of all other circumstances, the sentence of the lower judgment, which was determined by discretionary mitigation of the statutory penalty, cannot be deemed unfair, because the sentence of the crime of this case is too too unreasonable, considering the following: (a) the Defendant, who drives a taxi, has a history of criminal punishment on the grounds of assault, intimidation, etc. against the Defendant, such as the confession of the crime; (b) the agreement with the victim; and (c) the degree of damage is not serious; and (d) the Defendant committed several times due to assault, intimidation, etc. against the Defendant; (b) the Defendant, who drives a taxi, was not in use of a lethal weapon but in light of the circumstances leading up to the crime of injury to the victim; and (c) the details and methods of the crime committed by the victim

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

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