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(영문) 인천지방법원 2014.06.19 2013노1588
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (one year of imprisonment, two years of suspended execution, and one hundred and twenty hours of social service) is too unhued.

2. The judgment of the court below has reached several times the punishment of the defendant for the same kind of crime, and it is true that the nature of the crime of this case is not good. However, in light of the fact that the defendant led to the confession of the crime, that the court below ordered a community service for 120 hours while suspending the execution of imprisonment, and other circumstances that are shown in the records, such as the defendant's age, character and behavior, environment, circumstances leading to the crime of this case, circumstances after the crime, etc., it cannot be deemed that the sentence of the court below is too unjustifiable and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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