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(영문) 수원지방법원 2014.03.20 2013노6335
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. The prosecutor and the defendant asserts that the sentencing of the court below (one year and six months of imprisonment) is too minor or unreasonable.

2. The judgment of this case is an unfavorable circumstance to the defendant for the following reasons: (a) the victim F, a police officer, takes a bath in the course of arresting the victim E as a flagrant offender by a police officer who was dispatched to the police officer by intimidationing the victim E, who is a dangerous element of the defendant; and (b) the nature and circumstances of the crime are not less than that of the above F, and the defendant was not less than five times prior convictions related to violence, and was sentenced to imprisonment for more than five times; and (c) the defendant committed the crime of this case during the period of repeated offense, in particular, during the repeated offense.

On the other hand, the following facts are favorable to the Defendant: (a) the Defendant is the confession of the instant crime; (b) the victim E stated that the Defendant does not want the Defendant’s punishment in the court below; (c) the victim F was not injured; and (d) the Defendant deposited KRW 1 million for the recovery of damage from the said F.

In full view of the sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, character and conduct, motive, means and consequence of the crime, as well as the aforementioned flexible and unsound circumstances, the lower court’s sentence against the Defendant is deemed appropriate.

3. According to the conclusion, since the appeal by the prosecutor and the defendant is without merit, 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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