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(영문) 서울동부지방법원 2015.05.14 2015노383
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable for six months.

2. There are extenuating circumstances, such as the fact that the accused has led to the crime of this case, and has repeatedly submitted a rebuttal to the effect that the accused has led to the confession of the crime and the mistake, and that there was a dispute between the victim who was punished as a problem of parking and the third party, which led to the crime of this case.

However, on the other hand, the Defendant had been sentenced to a suspended sentence of 2 months on November 22, 2012 due to intimidation, etc., which was sentenced to a suspended sentence of 2 years on the same or different crimes as the instant case, but was subject to a suspended sentence of 2 years on January 29, 2014, when the suspended sentence was revoked, and again committed the instant crime during the period of repeated crime, and again, during the repeated crime, and did not reach agreement with the victim. The instant crime was punished by imprisonment with prison labor for more than one year, and six months, which was sentenced by the lower court, was limited to a limited term of 1 year or more within the scope of the term of imprisonment with prison labor, including the Defendant’s age, character and conduct, environment, motive for committing the instant crime, and circumstances after committing the crime, etc., the amount of the sentence imposed by the lower court is appropriate and it cannot be deemed unfair.

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

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