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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2016.05.26 2015노6312
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (eight months of imprisonment, two years of suspended execution) is too unfilled and unfair.

B. The above sentence sentenced by the court below is too unreasonable.

2. The fact that the defendant has no record of criminal punishment until the date of judgment, and that the court below deposited KRW 2 million for the victim D at the court below is favorable to the defendant.

On the other hand, in light of the fact that the defendant's threat of the crime of this case, such as threatening the victim by using the mos and mosss, the crime is not good, and the mental shock caused by the crime of this case seems to have occurred, etc., are disadvantageous to the defendant.

In full view of all such circumstances as the Defendant’s age, sexual conduct, environment, motive and background of the crime, relationship with the victim, and circumstances after the crime, etc., it is difficult to deem that the sentence imposed by the lower court is too weak or unreasonable due to its reason.

3. If so, the appeal by the prosecutor and the defendant 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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