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(영문) 인천지방법원 2014.09.18 2014노1191
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment and two years of suspended execution) against the defendant in the summary of the grounds for appeal is deemed to be undue.

2. In full view of all the factors of sentencing, including the defendant's age, character and behavior, environment, circumstances after the crime, etc., the sentencing of the court below is too unjustifiable, and it is not determined that the sentencing of the court below is too unjustifiable, in light of the following circumstances: (a) the defendant was unable to agree with the victim; (b) the defendant was led to the confession of the crime; (c) the defendant has no record of being sentenced to imprisonment without prison labor or heavier punishment since 2007; (d) the defendant did not incur any injury to the victim; and (e) the defendant deposited 3.50

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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