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(영문) 수원지방법원 2015.06.11 2014노5585
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the suspension of sentence for six months of imprisonment and probation) of the lower court is deemed to be too unhued and unreasonable;

2. The instant case is a matter of intimidationing the victim by carrying a knife and carrying a office knife, which is a dangerous object, on the ground that the Defendant made the victim D her hume and her hume, and it is true that the Defendant’s liability is not less than that of the Defendant in light of the risks inherent in the instant crime.

However, the defendant is in depth divided into the crime of this case, the first offender who has no criminal history, the defendant seems to have threatened the victim with the intent to harm himself by carrying a knife with his office knife that he would not have any intention to harm the victim, the degree of injury of the victim is relatively minor, the victim who was in a relationship with his relations with him is deemed to have committed the crime of this case in a contingent impulsely and repeatedly in order to return the victim's mind. Since the case of this case, the victim is deemed to have committed the crime of this case after the case, the crime of death in the truth of the victim, the relationship with the victim is organized, and the victim seems to have not want to be punished against the defendant, the possibility and future of the improvement of the victim's age should be considered, the defendant deposited KRW 1 million in order to recover the damage of the victim at the trial, and all of the sentencing conditions stated in the argument of this case, such as the defendant's age, character and behavior, environment, family relationship and circumstances after the crime, the above assertion by the prosecutor is rejected.

3. In conclusion, the prosecutor'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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