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(영문) 광주지방법원 2014.12.04 2014노36
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 (six months of imprisonment, confiscation) is too unreasonable.

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

2. The judgment of the defendant has a majority of the criminal records of the same kind; in particular, in light of the defendant's age, character and conduct, environment, the circumstances and result of the crime of this case, and all of the sentencing conditions in this case including the crime of violation of the Punishment of Violences, etc. Act on November 8, 2012, which became final and conclusive on November 16, 2012, and thus, the defendant committed the crime of this case using any dangerous object despite the fact that the above judgment became final and conclusive on November 16, 2012, and thus, it is against the defendant's consent to the crime of this case; the defendant agreed smoothly with the victim at the investigation stage; the defendant is receiving a faithful treatment to cure alcohol addiction; and other favorable circumstances such as the defendant's age, character and conduct, environment, the circumstances and result of the crime of this case; thus, it is not recognized that the sentence of the court below is too heavy or unreasonable. Thus, the defendant and the prosecutor's aforementioned assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 346(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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