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(영문) 서울중앙지방법원 2017.02.09 2016노2293
폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, misunderstanding the facts and misapprehension of the legal doctrine, did not either conspired with N, etc. or participated in each of the crimes listed in the facts charged, nor did he actively participate in or contributed to each of the crimes, but the lower court erred by misapprehending the facts or by misapprehending the legal doctrine on the joint principal offender, thereby finding the Defendant guilty.

B. The punishment sentenced by the lower court (one year and six months of imprisonment, three years of suspended execution, and 120 hours of community service) is too unreasonable.

2. Determination

A. The Defendant also argued that there was a misunderstanding of facts or a misunderstanding of legal principles as seen above, and the lower court rejected the said assertion by providing a detailed statement on its determination.

In light of the evidence duly adopted and examined by the court below, such determination by the court below is just, and there is no error of misapprehension of the legal principles as alleged in the grounds of appeal.

B. There are various unfavorable circumstances against the defendant, which the court below properly states, such as the defendant's leading role in the crime of this case, the means and methods of the crime of this case, the defendant's attitude after the crime of this case, and the records of the defendant's like crime.

However, there is room to take into account the circumstances leading to the instant crime, and when considering the fact that the T Asset Management Co., Ltd. and the victim of the instant crime expressed that they do not want to cancel the accusation against the Defendant and the fact that the J Co., Ltd. do not want to do so, which is the actual victim of the instant crime at the time of the trial, and other co-offenders' criminal punishment results, criminal punishment results, Defendant's age, sexual conduct, environment, etc., and all other circumstances constituting the conditions for sentencing as shown in the records and arguments, even if considering the aforementioned unfavorable circumstances, the conditions for sentencing are changed in the trial.

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