logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.09.23 2016노2513
폭력행위등처벌에관한법률위반(우범자)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The crime of this case is deemed to have been committed by the Defendant, carrying two kitchen knife, which is a deadly weapon, and the nature of the crime is not easy in light of the method and risk of the crime, motive for the crime, etc., and the Defendant has been sentenced to a suspended sentence of imprisonment or a fine three times in the past violent crimes, and in particular, the Defendant committed the crime of this case without being aware of the violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.), but it is recognized that the Defendant committed the crime of this case without being aware of the fact that the Defendant committed the crime of this case. The Defendant only 2 kitchen knife the kitchen knife and sent the kitchen knife, did not cause any actual damage to a specific person, and considering all the sentencing conditions shown in the arguments of this case, it is difficult to view that the sentencing of the lower court is too unfair because of its comprehensive consideration of all the sentencing conditions indicated in the arguments of this case, such as the age, character, environment, motive, means and method after the crime.

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

arrow