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(영문) 전주지방법원 2016.02.17 2015노1563
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and two months of imprisonment, two years of suspended execution, protection observation, 40 hours of order to attend a law enforcement lecture, 40 hours of order to attend a law enforcement lecture, and 40 hours of order to attend a law enforcement lecture) is too uneasible and unreasonable.

2. The instant crime requires strict punishment for the Defendant, considering the following: (a) the Defendant’s destruction of chemical powder, flowers tree, and convenience store glass with the help and view of writing; (b) intimidation the victim with the help and view of the foregoing writing as harming the victim; (c) drive a car while under the influence of alcohol level of 0.182%; (d) the nature of the relevant crime is inferior in light of the content and the method of the crime; and (e) the Defendant had a history of being subject to criminal punishment for violent crimes.

However, there are extenuating circumstances to be considered favorable to the defendant, such as the confession of the crime of this case and the mistake of the defendant, the fact that the defendant deposited KRW 2 million for the victim, and the fact that the defendant has no record of criminal punishment exceeding the fine, etc. As such, considering all of the sentencing conditions specified in the argument of this case, such as the above circumstances and the defendant's age, sex, family environment, it is not recognized that the sentence of the court below is too unreasonable.

Therefore, prosecutor's assertion is not accepted.

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.

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