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(영문) 창원지방법원 2016.06.22 2016노590
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We also examine each unfair argument of sentencing by the Defendant and the Prosecutor.

The fact that the defendant confessions all of the crimes of this case and reflects his mistake, and the fact that the current state of the defendant's health is not good is favorable.

On the other hand, each of the crimes of this case constitutes an inappropriate relationship between the defendant and the victim E who provided economic assistance no longer than himself/herself, and the crime of this case is highly poor and highly likely to be criticized due to such cases as threatening the above victim and his/her family members as a knife, knife the property owned by the above victim, causing damage to the victim, failing to recover from damage until now, and committing the crime of this case during the period of repeated crime.

Considering the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and various conditions of sentencing as indicated in the instant records and pleadings, such as the circumstances after the crime, the lower court’s punishment is heavy or unfeasible, and thus, cannot be deemed unfair.

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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