logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.12.09 2016노3755
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the first crime in the original judgment: the imprisonment of six months to be suspended; the imprisonment of three years to be suspended; the imprisonment of three years to be suspended; the probation and the community service order of eight months to be suspended; the probation and the community service order of one hundred and sixty hours to be suspended) that the court below sentenced to the defendant is too unfasible and unfair.

2. The crime of this case is deemed to have committed violence against the owners of entertainment establishments or marina establishments, etc., carrying a dangerous object jointly with C. However, considering the circumstances leading up to the crime, method, danger, etc., the defendant's mistake and reflects his mistake, the victim F, P, the degree of the defendant's participation in the crime is relatively minor, the defendant's participation in the crime should take into account equity with the case of being tried together with the crime of violation of the Punishment of Violence, etc. Act (joint injury) under the latter part of Article 37 of the Criminal Act. In addition, considering the defendant's age, character, environment, circumstances, motive and motive of the crime, frequency, degree of participation in the crime, equality in punishment among accomplices, circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

arrow