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(영문) 의정부지방법원 2017.05.19 2016노3451
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable since the sentence imposed by the court below (one year of imprisonment with prison labor for six months and one year of suspended sentence) is too unreasonable.

2. The Defendant shows the attitude to recognize and reflect the instant crime.

Since the crime of this case is a single concurrent crime under Article 37 of the Criminal Act, the crime of this case before and after the first head of the judgment of the court below which became final and conclusive, the equity between the crime and the judgment should be considered

On the other hand, the Defendant had been punished for the same or similar violent crimes even before the instant case, including the previous conviction of a fine of two million won due to a violation of the Punishment of Violences, etc. Act (at night) on June 17, 2005.

The defendant was unable to reach an agreement with the victim.

There is no change in the sentencing conditions that could change the sentence of the lower court after the sentence of the lower court was rendered.

In full view of the above circumstances and the Defendant’s age, sexual conduct, the process and motive leading up to the instant crime, and the circumstances after the commission of the crime, etc., the sentence of the lower court cannot be deemed to be unfair because it is too unreasonable, taking account of the following circumstances: (a) the sentence of the lower court is too unreasonable.

Therefore, we cannot accept the defendant's argument.

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

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