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(영문) 대구지방법원 2013.05.09 2013노750
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The judgment of the defendant is pening in depth, and the defendant committed the crime of this case contingently under the influence of alcohol.

The victim was not injured by the crime of this case, and the victim did not want to be punished against the defendant by agreement with the victim.

As the defendant suffers from a climatic disease, the mother of the defendant who is under climatic cancer treatment due to the absence of the defendant seems to suffer from difficulties in living and medical treatment.

However, the Defendant had a record of being subject to criminal punishment several times, including the records of punishment once sentenced to a fine due to a violation of the Punishment of Violences, etc. Act, and committed the instant crime during the period of repeated crime.

The nature of the crime is heavy in that the defendant has displayed the kitchen knife, which is a dangerous thing, and threatened the victim.

Punishment sentenced by the court below is also the minimum possible selective punishment after discretionary mitigation.

The argument that the sentence of the court below is too unreasonable cannot be accepted.

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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