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(영문) 울산지방법원 2018.06.22 2018노336
특수폭행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of six months and the confiscation) is too unreasonable.

2. The crime of this case was committed not only by threatening the victim, who was in the past, as a knife with a knife, which was dangerous to the victim, but also by threatening the victim's residence in the process of closing the agreement on the case, and the nature of the crime was very bad, and the victim still wanted to be punished against the defendant, etc., which is disadvantageous to the defendant.

However, in full view of the fact that the defendant shows an attitude against his mistake, 3 million won in the original trial for the victim, 2 million won in the original trial for the victim, 2 million won in the original trial for the defendant, 3.0 million won in the original trial for the defendant, 2.0 million won in the criminal trial for the defendant, 3.0 won in the criminal trial for the defendant has no record of being punished as a sentence, and other various conditions of sentencing as shown in the argument of this case, such as the defendant's age, sex, family environment, motive and circumstance of the crime, means and result of the application of the sentencing guidelines

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 261, 260 (1) (a special assault, choice of imprisonment), and Article 319 (1) (a) of the Criminal Act (a point of intrusion upon residence and choice of imprisonment) of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed by a special assault with heavier punishment);

1. Article 62(1) of the Criminal Act on the suspension of execution (the favorable circumstances in the part of the judgment on the grounds of appeal as seen earlier) 1.

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