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인천지방법원 2013.04.26 2013노381
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one year of imprisonment, confiscation) against the Defendant is too unreasonable.

2. The judgment is based on the circumstances favorable to the defendant, such as the fact that the defendant recognized all of the crimes of this case and reflects his mistake, and that the defendant agreed with the victim C, E, and H.

However, the crime of this case was committed on the other hand, by destroying the singing entrance operated by the victim C with an open door, which is a dangerous object of the defendant, and by threatening the victim E, G, F, or H with the above open door door door door door door door door door door door door door door door door door door door door door door door door door door door door, and the nature of the crime is not less than that of the crime. The defendant was sentenced to punishment for the crime of violating the Punishment of Violences, etc. Act (joint conflict) and the execution of the sentence was completed, but he is not aware of the crime of this case during the repeated offense period, but is highly likely to cause criticism for the crime of this case. In full view of other various sentencing conditions in the records and arguments such as the defendant's age, happy family environment, and circumstances before and after the crime, it cannot

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

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