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(영문) 광주지방법원 2014.12.04 2014노1314
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's sentence of imprisonment (six-month suspended sentence) is too unhued and unreasonable;

2. In light of the favorable circumstances, such as the Defendant’s taking dangerous articles and threatening the victim, but the Defendant appears to have recognized and reflected his mistake, the Defendant did not have any record of punishment other than the punishment for a fine due to drinking driving in 2010, and the favorable circumstances such as the Defendant’s age, character and behavior, environment, circumstances and consequence of the instant crime, and all of the sentencing conditions indicated in the instant case, such as the circumstances after the commission of the crime, it is not recognized that the lower court’s punishment is too unreasonable, and thus, the Prosecutor’s assertion 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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