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(영문) 울산지방법원 2015.09.11 2015노542
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (such as imprisonment for one year, two years of suspended execution, 80 hours of community service order, 40 hours of education, etc.) imposed by the court below is too unhued and unreasonable.

2. The instant crime committed on board the victim E, who had been drinking in a singing room, threatened the Defendant with excessive tightly sealed and bruted the victim E, and insulting the police officer who was dispatched upon receipt of a report to take a bath, and the method of crime is very dangerous and criminal quality is not good, and the victim did not receive a letter because the victim did not agree with the victim, and the criminal record of identical violence reaches six times (two times of suspension of execution of sentence, and four times of fine) are disadvantageous to the Defendant.

However, in full view of all the sentencing conditions shown in the pleadings in the instant case, including the fact that the Defendant recognized all the instant crimes and is in a deep depth, the Defendant appears to have committed the instant crimes in contingency under the influence of alcohol, and that there was no additional damage, such as creating excessive effect to the owner of a singing room, etc. as the sing room operator met, the Defendant had several criminal records of the same kind at several times, but since 1996, there was no criminal records, and the Defendant deposited 500,000 won for the victim of insult, and the Defendant suffered from urology at present, and the health is not good, it is not determined that the Defendant’s age, family relation, criminal records, personality and behavior, environment, means and method of the instant crime, motive and circumstance of the crime, etc., and all the sentencing conditions shown in the pleadings in the instant case, it is unreasonable to deem that the sentence imposed by the lower court is too uneasible enough to be reversed.

3. In conclusion, the prosecutor'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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