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(영문) 수원지방법원 2016.02.05 2015노7734
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (ten months of imprisonment) is too unreasonable.

2. It is true that there are conditions for sentencing favorable to the defendant, such as the fact that the defendant recognizes the crime of this case and is against the defendant, and some victims do not want the punishment of the defendant.

However, in full view of the following circumstances: (a) the Defendant was punished several times for committing the same kind of violence and fraud; (b) the Defendant was punished for violent crimes as stated in the first head of the lower judgment’s criminal facts; and (c) the nature of the instant crime is extremely poor within the period of repeated crime; and (d) other circumstances, such as the Defendant’s age, sex, criminal conduct, environment, family relationship, and circumstances after committing the crime, the lower court’s punishment is too unreasonable.

Therefore, the above unfair argument of sentencing by the defendant and his defense counsel is without merit.

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

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