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(영문) 서울북부지방법원 2015.08.28 2015노789

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the lower court’s punishment (ten months of imprisonment, two years of suspended sentence, two years of probation, one hundred and twenty hours of community service order, and forty hours of order to attend a lecture) is too unreasonable;

2. The judgment can be taken into account that the victim, who is the spouse of the defendant, requests the wife, and the defendant reimburses the patrol repair expenses, etc. However, while the defendant was under the influence of alcohol and could have caused a very dangerous result due to the crime committed against the victim and his/her father, the situation grasping the situation and suppression of the police officer's check-up is the right exercise of police authority, while there is no justifiable reason for the defendant's patrol-off damage, while the defendant committed the crime again even though the punishment records, such as imprisonment without prison labor or heavier punishment (three times) have been accumulated due to the same criminal record (15 times). In particular, the crime of this case (the crime of this case occurred on January 6, 2015) is necessary to judge that the defendant was under the influence of alcohol, and thus, it is unreasonable to judge that the defendant was under the influence of criminal punishment, such as violation of the Punishment of Violence, etc. Act (a deadly weapons, etc.) which was finalized on November 9, 2012 (one year and six years immediately after suspension of execution).

Therefore, the defendant's assertion is not accepted.

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