beta
(영문) 청주지방법원 2015.08.28 2015노656

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The Defendant appears to have committed the instant crime and committed a mistake.

In addition, the Defendant, while under the influence of alcohol at the time, brought a knife with a fishing knife, which was placed on the knife without prudenting the face of the Defendant when she was faced with a knife while under the influence of alcohol, and brought the instant crime by contingency.

In addition, the fact that the defendant is unable to deposit an agreement because he/she is unable to know the identity of the victim, the defendant was assaulted by the victim at the time, and the crime of this case is committed against the defendant on February 24, 2015, and the crime of this case is in concurrent relation with the crime of interference with business (Cheongju District Court Decision 2015No. 7) finalized on February 24, 2015, under the latter part of Article 37 of the Criminal Act, the balance with the case should be considered to be judged together. The fact that the defendant retired from school in the second year of elementary school due to the circumstance that he/she is difficult to read and write Korean language, and that he/she is living away from his/her family and is living, etc. shall be considered favorable to the defendant.

However, the crime of this case is a dangerous act that could cause a serious result to the victim, and thus, the illegality of the act is more serious in that it is a dangerous act that could have caused a serious result to the victim by taking the knife knife knife knife knife knife knife knife knife knife knife knife knife k

Moreover, the Defendant has been punished two times as a sentence, one suspended sentence, and a number of fines before committing the instant crime.

In addition, on January 7, 2014, the defendant was sentenced to punishment for the crime of destroying property in the past, and the period of repeated crime is 9 months only after the execution of the sentence was completed in the Incheon Prison.

참조조문