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(영문) 광주지방법원 2017.03.30 2016노1332
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of six months, the suspension of execution of two years, the observation of protection, and the community service hours of 80 hours) is deemed to be too uneasy and unfair.

2. The fact that the defendant committed the instant crime during the suspension of execution due to the crime of assault, the method of committing the crime is dangerous, and the fact that the defendant has been punished several times due to the crime of violence is disadvantageous to the defendant.

On the other hand, the following conditions are favorable.

The Defendant led to confession and reflect on the crime of this case.

The victims do not want to punish the defendant.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and other various sentencing conditions as shown in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too unfasible and it is not deemed unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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