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(영문) 서울동부지방법원 2013.09.27 2013노739
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (one year of imprisonment with prison labor, three years of suspended execution, and two years of probation) is too unhued.

2. Although there are many disadvantageous circumstances, such as the Defendant committed the instant crime even though he had a lot of records of punishment for the same kind of crime, the Defendant committed the instant crime. However, considering the following: (a) the Defendant did not want the Defendant’s punishment by agreement with the victim; (b) the Defendant’s deep depth reflects his motive and background leading up to the instant crime; (c) the motive and background leading up to the instant crime; (d) the Defendant’s age before and after the instant crime was committed; (b) the Defendant’s age, character and conduct, occupation, occupation, and family relationship, the sentence imposed by the

3. As such, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit

(However, since the application of the law of the court below is obvious that the 6th order to attend a lecture is a clerical error in the "1. Probation", it shall be corrected ex officio in accordance with Article 25 (1) of the Regulation on Criminal Procedure.

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