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(영문) 부산지방법원 2015.04.16 2014노4534
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (two months of imprisonment and two years of suspended execution) is too unfluent and unfair.

2. The judgment is an unfavorable circumstance to the Defendant, such as the following: (a) the Defendant’s threat that the Defendant is the victim of a knife and killed knife; (b) the nature of the offense was inferior; (c) the Defendant did not reach agreement with the victim;

However, in full view of the following factors: (a) the Defendant led to the instant crime; (b) the Defendant committed the instant crime before 2001; (c) the Defendant committed the same kind of crime; and (d) the Defendant committed the instant crime before 2001; and (c) the lower court determined the punishment by fully taking into account all the circumstances; and (d) there was no change of circumstances that may vary between the lower court and the punishment; and (e) other factors that form the conditions for sentencing, such as the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the instant crime; and (e)

Therefore, prosecutor's assertion is without merit.

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

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