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(영문) 광주지방법원 2014.03.12 2013노2588
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속협박)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (one year of imprisonment, three years of suspended execution, three years of probation, 120 hours of community service, and 40 hours of alcohol therapy) is too unreasonable.

Judgment

In full view of the following circumstances: (a) the Defendant recognized his mistake; (b) the father of the Defendant, who is the victim, was not punished; (c) the instant crime leads to a large-scale accident; and (d) the risk of the instant crime may lead to a large-scale accident; and (c) the Defendant’s previous convictions are disadvantageous to the Defendant; and (d) other various sentencing conditions specified in the instant argument, such as the circumstances leading to the instant crime, the circumstances after the commission of the crime, the Defendant’s age, character and conduct, are considered to be disadvantageous, and thus, the Defendant

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal. It is so decided as per Disposition.

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