logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2013.04.04 2013노824
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. The court below sentenced the defendant to 8 months of imprisonment with prison labor. On the other hand, the prosecutor asserts that the defendant's punishment is too unjustifiable, while the defendant asserts that it is too unreasonable.

2. In light of the records and records, since the defendant had the same previous department nine times, and the sentence of punishment is inevitable because he had been a repeated crime even at the time of the crime of this case, the minimum statutory penalty for the crime of violation of the Punishment of Violences, etc. Act is one year of imprisonment, the victim does not have to punish the defendant under the agreement with the victim of the crime of violation of the Punishment of Violence, etc. Act (collectively weapons, etc. Intimidation), the degree of damage is relatively minor, the defendant is responsible for supporting the defendant's old-age who has difficulty in living 85 years of age and is attending the school, and all other circumstances such as the defendant's age, character and behavior, motive, criminal motive, criminal records, family environment, etc., the punishment recognized by the court below seems to be appropriate.

3. In conclusion, the prosecutor's and the defendant's arguments are without merit, and all appeals by the prosecutor and the defendant are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow