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(영문) 창원지방법원 2015.02.11 2014노816
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. After the Defendant filed an appeal against the lower judgment on April 18, 2014 regarding the Defendant’s appeal, on December 4, 2014, the Defendant did not submit the appellate brief within 20 days from the due date for submitting the appellate brief, even if he received a written notification of the receipt of the trial record from this court on December 4, 2014. The Defendant’s petition of appeal does not state the grounds for appeal in the Defendant’s petition of appeal, nor does

Therefore, the defendant's appeal shall be dismissed by a ruling under Article 361-4 (1) of the Criminal Procedure Act, but as long as a judgment is rendered on the prosecutor's appeal, the defendant's appeal shall be dismissed by a en bloc.

2. Judgment on the prosecutor's appeal

A. The gist of the grounds for appeal is that the sentence imposed by the court below on the defendant (two months of imprisonment, two years of suspended sentence, two years of suspended sentence, and confiscation) is too unhued and unfair.

B. The instant crime was committed by the Defendant via the NH Agricultural Call Center, thereby threateninging the victim’s name-free counsel, and using a Polaster, gaser, one 1,13ml ground fuel, which is an object dangerous to the NHF branch of the Chang-si branch of the NHFF Bank, and threatening the above call center to threaten the victim’s name-free counsel, and the case is disadvantageous to the Defendant.

However, all of the crimes in this case are recognized by the defendant, there is no record of crime exceeding the fine, the fact that the defendant was in a state of mental disability due to stimulative disorder at the time of the crime in this case, the result of the application of the sentencing guidelines of the Sentencing Commission (the scope of recommended punishment for violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.): the period from August to two years; the special person as a person with a special stimulative personality and behavior; the background, means and result of the crime in this case; the circumstances after the crime in this case, etc., which are conditions for the sentencing as shown in the records and arguments.

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