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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2014.11.27 2014노5848
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal presented the argument about mental disorder in the statement of grounds for appeal, but withdrawn from the date of the first instance trial.

The sentence of the court below (one year of imprisonment) is too unreasonable.

2. The judgment of the court below is based on the following facts: (a) the defendant's mistake is recognized and against himself; (b) the victim who has returned to Korea for a long time was sentenced to a separate notice and seems to have reached the remaining crime of this case; and (c) the defendant deposited a certain amount for the victim. However, the defendant's crime of this case is a threat of the victim by using knife, gasoline, etc. while continuously demanding the victim to surrender again; (c) the crime of this case is not good, and the victim seems to have suffered considerable mental suffering; (d) the defendant has various criminal offenses such as fraud, theft, violation of the Military Service Act, obstruction of performance of the duties, etc.; (e) the defendant was released from prison on April 17, 2013 after being sentenced to a suspended sentence on April 30, 2014; and (e) the repeated crime and the probation period and the crime of this case were committed on April 30, 2014; (e) the defendant's age, means and conditions of the crime of this case;

3. In conclusion, 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.

[However, Article 2 (1) 3 of the Regulations on Criminal Procedure is clear that the last sentence of the judgment of the court below is "victim D (W, age 25)", and Article 2 (1) 1 of the Regulation on Criminal Procedure (Article 2 (1) 1 of the Rules on Criminal Procedure).

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