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(영문) 창원지방법원 2015.08.11 2015노1354
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the punishment imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. It is recognized that the defendant recognized his mistake and against himself, the victim C, E, and the victim I did not want the punishment of the defendant.

However, the Defendant, who was sentenced to four months of imprisonment for fraud on October 15, 2013, committed the instant crime even if he/she had been punished for a repeated crime after the completion of the execution of the sentence on February 14, 2014, and the Defendant had been punished several times for the same kind of crime in the past, considering the circumstances unfavorable to the Defendant, and there is no special circumstance or circumstance that may be newly considered in sentencing after the sentence of the lower judgment, taking into account the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, motive and circumstance of the crime, means and method of the crime, and other various circumstances that form the conditions for sentencing as indicated in the instant argument and the record, it is not recognized that the sentence imposed by the lower court is excessively unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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