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(영문) 대구지방법원 2016.10.26 2015노5269
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of two million won) declared by the lower court is too unhued and unreasonable.

2. The crime of this case is recognized that the Defendant’s crime of this case was committed with a fluorous tree hings, which is a dangerous thing, and as such, intimidation the victim, which is bad in the nature of the crime, and did not receive a letter from the victim.

However, considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the instant crime, the lower court’s punishment is too uneasible and unreasonable. In so doing, it is not recognized that the lower court’s punishment is too uneasible.

Therefore, prosecutor's assertion is without merit.

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

(However, the application of the law in the judgment of the court below is clear that the "paragraph (1)" was erroneously omitted after the "Article 70 of the Criminal Act" in the Nowon-gu Detention Clause, and such addition is made ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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