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(영문) 대구지방법원 2014.10.17 2014노1143
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months and 2 years of suspended execution) of the lower court is deemed to be too uneasible and unfair.

2. In full view of the following factors: (a) the fact that the defendant carried dangerous articles and assaults and threatens victims; (b) the defendant committed the instant crime against his wrongness; (c) the defendant did not have any previous conviction who was punished for the same crime; (d) the defendant deposited the victim F with a deposit of KRW 1 million; and (e) all the sentencing factors specified in the instant arguments, including the defendant’s age, character and conduct, the environment, the background of the instant crime; and (e) the circumstances after the instant crime, etc., the court below’s sentence is too uneasible and unreasonable. Thus, the prosecutor’s allegation above is without merit.

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

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