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(영문) 창원지방법원 2015.09.23 2015노1503
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and probation) declared by the court below is unreasonable.

2. In light of the risk and form of each of the instant crimes, the crime is not good, and the liability for the crime is grave, and there are unfavorable circumstances such as the Defendant’s failure to agree with the victim. However, in light of favorable circumstances such as the confession and reflect of the Defendant, the Defendant’s confessions and reflects, the Defendant exceeded the fine, or has no criminal record of the same kind, etc., the scope of recommended sentences according to the sentencing guidelines of the Supreme Court Sentencing Committee (one month to February 20), and other factors of sentencing as shown in the instant records and arguments, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed unfair.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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

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