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(영문) 대전지방법원 2016.04.07 2015노4049
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is improper as it is too unfasible.

2. In light of the circumstances leading up to each of the instant offenses, the Defendant was disadvantageous to the Defendant, or the Defendant’s confession and reflects all of the instant offenses; the Defendant has no record of punishment in Korea; the victim E, H, I agreed with the Defendant; the victim’s voluntary agreement was reached solely with the Defendant; the extent of the recommended sentence according to the sentencing guidelines established by the Supreme Court’s sentencing committee; the Defendant’s age, sexual behavior, environment, motive, means and consequence; and the various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the following circumstances; thus, the Defendant’s punishment against the Defendant cannot be deemed unfair as it is too uneasible. Therefore, the prosecutor’s argument of the sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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