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(영문) 대구지방법원 2013.05.23 2013노210
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to six months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) that the court below sentenced is too unreasonable.

2. The judgment is against the Defendant’s instant crime and there are circumstances such as delayed disability of class 3.

However, the Defendant has been subject to punishment several times for violent crimes, and the crime of this case is not easy to commit the crime by taking a knife (28.5cm in total length, 15cm in knife length) and threatening the victim, which is a dangerous object, by finding the victim working for the same company.

In addition, examining the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime, the method and consequence of the instant crime, and the conditions of sentencing indicated in the records and pleadings, such as the circumstances before and after the instant crime, it is difficult to deem that the lower court’s punishment is too unreasonable.

3. In conclusion, the defendant'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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