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(영문) 인천지방법원 2015.04.10 2014노4975
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 (two months of imprisonment with prison labor and two years of suspended sentence) is too uneased.

2. The instant crime was committed by intimidation with a knife, which is a dangerous object, to the victim demanding the alcohol value, and is disadvantageous to the victim, such as the fact that the nature of the crime is not good, and that no agreement has been reached with the victim.

However, in full view of the following circumstances: (a) the Defendant acknowledges and reflects the instant crime; (b) the Defendant has no record of being punished for the same crime; and (c) the Defendant’s character and conduct, environment, relationship to victims, motive, means and consequence of the instant crime; and (d) the circumstances after the instant crime, etc., the sentence imposed by the lower court against the Defendant is deemed appropriate.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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