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(영문) 울산지방법원 2015.07.10 2015노436
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The judgment below

The guilty portion shall be reversed.

As to the crime No. 1 of the judgment of the court below, the defendant shall be punished by imprisonment for six months.

Reasons

1. The judgment of the court below on the scope of trial in this case dismissed the prosecution pursuant to Article 327 subparagraph 2 of the Criminal Procedure Act and convicted the remainder of the charges on the ground that the victim expressed his/her intention not to be punished against the defendant among the facts charged in this case.

Since only the defendant filed an appeal on the ground of unfair sentencing only for the guilty portion, the dismissal of the above dismissal part has been separated and decided as it is, and the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The summary of the grounds for appeal (a crime of 1 crime in the original judgment: imprisonment with prison labor for 6 months, and a crime of 2 to 5 crime in the original judgment: imprisonment with prison labor for 6 months) by the lower court is too unreasonable.

3. In light of the fact that the Defendant used air guns to threaten neighboring residents, or intrudes upon their residence, thereby damaging or harming property, and detained the victim D, the crime of this case is very dangerous and excessive in light of the fact that most victims were neighboring residents, the number of times of the crime was committed, and the method of committing the crime was committed by threatening air guns by carrying air guns.

In particular, even before the crime of this case was committed, the defendant committed the crime of this case even though he had a total of 26 times, including 16 times of the same violence and property crime (13 times of fine and 3 times of the suspension of execution), and even though he had a record of criminal punishment, the defendant committed the crime of this case. Paragraph (2) of the judgment of the court below, the crime of intrusion upon residence and the crime of causing property damage to the victim G was committed during the suspension period of execution due to the violation of the Punishment of Violences, etc. Act (a group, deadly weapons,

However, the defendant recognizes all of the crimes of this case and reflects it, and the amount of damage caused by property crimes, such as damage and threat, during each of the crimes of this case.

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