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(영문) 창원지방법원 2014.01.09 2013노1949
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year, each of the imprisonment with prison labor of one year and four months, defendant B, and C) is too unreasonable.

2. In light of the fact that the Defendants recognized all of the crimes of this case, and against their mistake, the Defendants agreed with the victim D and the victim D wanted to find the Defendant’s wife.

However, the Defendants were punished by suspended sentence and fine on several occasions due to the crime related to violence, etc.; the Defendants were punished by the crime of violation of the Punishment of Violences, etc. Act (joint injury) by assaulting the victim D without any defense at the center of the city and causing the victim D with no discrimination; the victim D was seriously injured; and the Defendants’ age, character, character, intelligence and environment; motive and background of the crime; method, means, method and consequence of the crime; criminal records; and all of the sentencing conditions stated in the arguments of this case, including the circumstances before and after the crime, etc. were reviewed by considering the following as a whole: the sentence imposed by the court below on the Defendants is too unreasonable; thus, the Defendants’ assertion of unfair sentencing is without merit.

3. In conclusion, the Defendants’ respective appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ respective appeals are without merit. It is so decided as per Disposition.

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