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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 2013.11.21 2013노2066
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the court below (two years of imprisonment) is too unreasonable.

Judgment

It is recognized that all of the crimes of this case were led to confessions and reflects by the defendant, that he was present at the investigative agency and voluntarily surrenders to the defendant, that the victim AH and AI agreed at the trial, that the victim G did not want to be punished against the defendant, etc. However, in light of the motive for each crime of this case, the method of crime of this case, the frequency of crime [in the case of violation of the Punishment of Violence, etc. Act (hereinafter referred to as the "Act on the Punishment of Violence, etc.") and the number of crimes, etc. (in particular, planned preparation of deadly weapons as a crime for the purpose of retaliation against the accused) and the number of damages, etc., it is very significant that the crime is not agreed with most victims except the above victims until the trial, and there is no history of punishment for the same crime related to violence in the past, and considering all the sentencing conditions such as the age, character and behavior, environment, criminal records, circumstances after the crime, the risk of recidivism, etc., the defendant's assertion is too unreasonable.

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

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