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(영문) 서울고등법원 2014.03.20 2013노2751
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속협박)등
Text

The judgment below

Of the accused cases, the part of conviction and innocence shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the candidate for medical treatment and custody (hereinafter “Defendant”) (1) Defendant case (a) misjudgmentation of facts (a) (hereinafter “Defendant case”), there was no fact that around April 201, the Defendant did not interfere with the financial system equivalent to five million won at the market price from the victim D, and there was no fact that the Defendant carried a deadly weapon on March 5, 201 and threatened the victim F with the deadly weapon.

(B) The lower court found the Defendant guilty of committing a violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. (a collective weapon, etc.) among the guilty portion in the original judgment) by misunderstanding the legal doctrine (a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. among the guilty portion in the original judgment) by her mother D. However, in this case, Articles 354

(C) The sentence sentenced by the court below on unreasonable sentencing (two years of imprisonment) is too unreasonable.

(2) The Defendant did not commit a crime, and the necessity of medical treatment and custody case and the risk of recidivism is not recognized.

B. (1) According to the evidence submitted by the prosecutor of the Defendant case (A) and the prosecutor of the prosecutor’s office, the charges of intimidationing the victim D with a deadly weapon on October 14, 2009, and the charges of taking the loan certificate from the victim D are all acknowledged on December 11, 2012, while carrying a deadly weapon.

(B) The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unhued and unreasonable.

(2) If the prosecutor of a medical treatment and custody case files an appeal against a prosecuted case, the prosecutor is deemed to have filed an appeal against a medical treatment and custody case pursuant to Article 14(2) of the Medical Treatment and Custody Act, but there is no statement in

2. Determination

A. The ex officio determination prosecutor with respect to the part of the defendant's case shall be construed as "violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.)" in the name of the crime in which the indictment is written in the trial room, "Article 350 of the Criminal Act" in the applicable provisions shall be construed as "Article 324 of the Criminal Act", and "Article 324 of the Criminal Act

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