logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.02.05 2015노1429
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendant (unfair sentencing) is too unreasonable.

B. The lower court’s sentence against the Defendant is too unfasible.

2. It is recognized that in light of the method of judgment on the crime, the quality of the crime cannot be deemed to be light, and that the damage was not recovered and that the damage was not taken against the victim.

However, considering the following: (a) the fact that the Defendant committed a crime both; (b) the Defendant has the same criminal history; (c) the Defendant did not have the same criminal history; (d) the Defendant appears to have committed a crime contingently; and (e) the degree of injury was not relatively large; and (e) other various matters that are the conditions for sentencing, such as the Defendant’s age and family relationship, etc., the lower court’s punishment is determined to be within the appropriate scope of sentence corresponding to its liability; and (e) the sentence is too heavy or unreasonable.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow