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(영문) 춘천지방법원 강릉지원 2014.02.18 2013노596
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the court below's sentencing (one year of imprisonment, two years of suspended execution, probation, community service, etc.) is too uneasy and unreasonable.

In the crime of this case, the crime of this case was committed by the defendant who was living together with the victim of this case, and by threatening the victim to die while living together with the kitchen knife, and the criminal liability is not less than that of the defendant, and there is a record of being sentenced to a fine of 1.5 million won for the same kind of crime including being sentenced to a summary order of 1.5 million won for the crime of injury in 201.

However, considering the fact that the injury suffered by the victim was not much weighted to about four weeks, the victim agreed with the Defendant and wanted to take the Defendant’s wife, the victim did not have any previous conviction in excess of the fine, the fact that the victim recognized the mistake and reflects it, and all other circumstances that form the conditions for the sentencing in the instant case, such as the Defendant’s age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentencing of the lower court cannot be deemed unreasonable because it is too uneasible.

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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