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(영문) 의정부지방법원 2016.04.21 2016노183
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one month of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination

A. It is recognized that the defendant led to the crime of this case and consented with the victims.

B. However, in light of various circumstances, including the Defendant’s age, background of the crime, and circumstances after the crime, the Defendant’s act of intimidation the victim F, which is a dangerous object, and the Defendant’s act of intimidation against others on April 4, 2014 without being aware of the crime even after the commission of each of the instant crimes, as well as the fact that there was intimidation against others on January 4, 2015, and again, on January 4, 2015, and the fact that there was a intimidation against others, and the reason for the Defendant’s request for reexamination was a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, the suspension of execution is likely to be invalidated. In full view of all the circumstances that are the conditions for sentencing specified in the instant pleadings, including the Defendant’s age, circumstance of the crime, and circumstances after the crime, even if considering the favorable circumstances of the Defendant as seen earlier, it cannot be determined that the lower court’

Therefore, the defendant's above assertion is without merit.

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

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