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(영문) 춘천지방법원 2014.01.22 2013노700
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

Defendant

All appeals filed by A and the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of Defendant A (one year of imprisonment) sentenced by the lower court against the Defendant is too unreasonable.

B. The Prosecutor’s sentence that the lower court sentenced the Defendants (one year of imprisonment for the Defendants A, two years of suspended sentence for one year of imprisonment for the Defendants B, and 80 hours of probation, community service, etc.) is too uneased and unreasonable.

2. The judgment of this case is that each of the crimes of this case is not less than the nature of the crime in light of the form of the crime, degree of damage, etc., and that Defendant A committed each of the crimes of this case without being aware of the nature of the crime during the repeated crime period, Defendant B was punished for the same kind of crime, and that there was a record of the punishment for Defendant B, etc., and the circumstances that the Defendants recognized the defendants' mistake and repented in depth, and that the defendants deposited each of the crimes of this case for the victim, and the victims want to take advantage of the circumstances favorable to the defendants, such as the fact that the defendants want to take the wife of the defendants by mutual consent with the victim, and other various sentencing conditions as shown in the records, such as the motive, background, situation after the crime, the age, character, and environment of the defendants following the crime of this case, are considered to be unfair or unreasonable.

Since the sentence imposed on Defendant A or Defendant B is too uneasible, the above argument by the Defendant A and the Prosecutor is without merit.

3. As such, the appeal against the Defendants by Defendant A and the Prosecutor is without merit, 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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