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(영문) 수원지방법원 2014.05.26 2014노47
폭력행위등처벌에관한법률위반(집단ㆍ흉기등감금)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of one year and six months, the suspension of execution of three years, the probation, and the community service order of 160 hours) of the lower court is deemed to be too uneasy and unreasonable;

2. The crime of this case is deemed to have been committed by the victim's former wife and his/her dependent on his/her knife while driving his/her motor vehicle, and requires strict punishment due to poor quality of the crime. However, the victims do not want to be punished against the defendant, the defendant's violation of the crime of this case, the defendant has no record of punishment exceeding the fine, and the defendant's age, character and behavior, family environment, and the motive, circumstance, means, method, and consequence of the crime of this case, and all of the sentencing conditions stated in the records and arguments of this case, including the circumstances before and after the crime, cannot be deemed to be unfair because the sentence of the court below is too unreasonable.

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.

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