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(영문) 창원지방법원 2013.11.28 2013노1204
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. It is recognized that the Defendant’s confessions of the instant crime and reflects the mistake, the victim’s degree of damage is relatively not severe, there is no record of punishment except for those sentenced to a fine for violent crimes, and the fact that the Defendant was not paid wages seems to have caused the instant crime by contingency.

However, in full view of the following factors: (a) the crime of this case committed while in possession of dangerous objects and intimidation the victim; (b) the nature of the crime is not good; and (c) it is difficult to see that the defendant made a good effort to recover damage in good faith; and (d) the defendant’s age, character and conduct, the environment, the motive, means and consequence of the crime of this case; and (b) the circumstances after the crime, etc., and all the sentencing conditions specified in the records and arguments, the sentence imposed by the court below is deemed reasonable; and (c) it is not deemed that the sentence imposed by the

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

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