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(영문) 대전지방법원 2015.06.18 2014노3143
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 6 months and 2 years of suspended execution) is deemed to be too uneasible and unfair.

2. The fact that the defendant was punished for multiple violent crimes (one time a fine and two times a suspended sentence), the defendant assaulted the victim by using a mobile phone, or threatened the victim by carrying a stones, which is a dangerous object, and in light of the attitude of the crime, the liability for the crime is not less light, and is disadvantageous to the defendant.

However, the court below held that there was no record of punishment until now by the defendant's mistake, and that there was no record of punishment as a sentence until now, that the defendant deposited 1.4 million won for the victim at the court below, that the defendant agreed smoothly with the victim, that the defendant committed each of the crimes of this case by contingency, that the victim set up against the defendant and inflicted a relatively serious injury on the defendant, and that the defendant also suffered a relatively significant injury, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and all of the sentencing conditions including the defendant's age, character and behavior, environment, motive and consequence, and the circumstances after the crime, and that the scope of the recommended sentence according to the sentencing guidelines of the sentencing committee of the Supreme Court for each of the crimes of this case is not more than 4 months and not more than 1 year and 4 months.

3. The appeal by the prosecutor for conclusion is groundless, and thus, it is in accordance with Article 364(4) of the Criminal Procedure Act.

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