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(영문) 창원지방법원 2013.03.21 2012노2548
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination is recognized that the Defendant led to the confession of each of the instant crimes and reflects the mistake, and that the degree of damage suffered by the victim is relatively minor.

However, among each of the crimes of this case, the violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) is committed with dangerous objects and the nature of the crime is not good. The defendant has been punished several times by violence-related crimes, has a suspended sentence, has the criminal records of imprisonment with prison labor, and it is difficult to see that he faithfully made efforts to recover from damage. In full view of all of the records and arguments of this case, including the defendant's age, character and behavior, environment, motive, means and consequence of each of the crimes of this case, and circumstances after the crime, etc., the sentence imposed by the court below is deemed appropriate, and it is not recognized that the sentence imposed by the defendant is too heavy or too unreasonable. Thus, each of the grounds for unfair sentencing of the defendant and the prosecutor are without merit.

3. In conclusion, each of the instant appeals by the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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