(영문) 창원지방법원 2014.10.15 2014노1428 | 리걸엔진

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(영문) 창원지방법원 2014.10.15 2014노1428

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a prison term of one year and six months, a suspended sentence of two years, a probation, and a community service of 200 hours) imposed by the court below is too unreasonable.

2. The crime of this case was committed by the Defendant at the time of the victims, resulting in an influence of the number of days of treatment to C, resulting in in an influence with the victim D by taking the kitchen knite, which is a dangerous object, and then arrested in the act of committing each of the above crimes and transferred to the police station, thereby damaging the L CD monitor at the district. The Defendant recognized all of the crime of this case, and against the victim, the victim sought the Defendant’s wife by agreement with the victims, and deposited KRW 250,000, which is an amount equivalent to the amount of damage, to compensate for the damaged public goods.

However, in the past, the Defendant has been punished four times for violent crimes, and among which they include criminal records, such as damage to special public goods and special obstruction of performance of official duties, and the crime of damage to public goods of this case is committed within the district where police officers performed official duties, and the risk of the method of the crime is considerable and the nature of the crime is bad. As a result of applying the sentencing guidelines of the Sentencing Commission, the recommendation for the crime of violation of the Punishment of Violence, etc. of this case is as follows: (a) the recommendation for the crime of this case is between June and January, 190; (b) the lower court sentenced a suspended sentence, which is not a sentence, by fully considering the favorable circumstances as seen earlier; (c) the Defendant’s age, character and behavior and environment; (d) family relationship; (e) the circumstances leading the Defendant to the crime of this case; and (e) the method and consequence of the crime, it is difficult to deem that the sentence of the lower

Therefore, it is true.

참조조문

-폭력행위 등 처벌에 관한 법률

유사 판례

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