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(영문) 광주지방법원 2015.04.23 2014노1895
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (two years of suspended execution for one year of imprisonment, and one hundred and sixty hours of community service) is too unhued and unreasonable.

Judgment

The crime of this case is an unfavorable element of sentencing, such as the crime of intimidation using a deadly weapon, which is bad in the nature of the crime, the suspension of 27 times due to violent crimes, and criminal records of fines.

However, there are more favorable factors for sentencing, such as the fact that the Defendant is against the recognition of his mistake, the fact that the Defendant is pursuing with the victim, and that he would not take the victim again, and the fact that the instant crime appears to be an contingent crime rather than a planned crime.

In addition, considering the circumstances of the instant crime, circumstances after the instant crime was committed, the Defendant’s age, character and conduct, environment, etc. as well as the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Committee (the basic area of intimidation No. 4 (Special Intimidation: Imprisonment with prison labor for 6 months to 1 year and 6 months), etc., it is not recognized that the lower court’s punishment is too uneasible and unreasonable. Thus, the Prosecutor’s assertion is without merit.

Therefore, the prosecutor'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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