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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.07.03 2015노280
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (two years of suspended sentence in six months of imprisonment) of the lower court is too unhued and unreasonable.

2. The number of crimes, such as intimidation of victims, by carrying a knife (19cm in knife length) which is an object dangerous to the defendant, is very dangerous and the nature of the crime is heavy;

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant was detained for a certain period of time and has an opportunity to reflect the instant crime; (c) the Defendant did not have a previous offense except once a fine; and (d) the Defendant agreed to do so with the victim; and (c) the Defendant’s age, character and conduct, environment, family relationship, and other circumstances that form the conditions for sentencing as indicated in the instant case, the lower court’

Therefore, the prosecutor's above assertion of unfair sentencing is without merit.

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

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