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(영문) 대구지방법원 2014.10.30 2014노3179
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of the instant crime, the Defendant was in a state of weak ability to discern things or make decisions due to depression, etc.; 2) The sentence sentenced by the lower court of unreasonable sentencing (one year and six months of imprisonment and confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. In light of the circumstances leading up to the instant crime, the method and content of the crime, the Defendant’s behavior and attitude before and after the instant crime, etc., it is difficult to deem that the Defendant had the weak ability to discern things or make decisions at the time of the instant crime.

Therefore, the defendant's argument of mental disability is without merit.

B. We also examine the defendant and prosecutor's assertion of unfair sentencing (the defendant and prosecutor).

Although the crime of this case is not good, it is advantageous to the fact that the defendant has divided and reflected his mistake, the victim C, K and the original agreement was reached, 50 million won for the victim G, 1 million won for the victim H, and 1 million won for the victim H, and there is no record of punishment heavier than that of the same kind of crime or fine for the defendant.

In full view of such circumstances as well as the age, character and conduct, intelligence and environment of the defendant, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc., it is difficult to see that the sentence imposed by the court below is too heavy or unreasonable since it is difficult to see that the defendant and the prosecutor's assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, 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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