(영문) 울산지방법원 2014.10.24 2014노803 | 리걸엔진

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(영문) 울산지방법원 2014.10.24 2014노803

폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속협박)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty of the facts charged in this case, although the defendant did not have knife a knife and threatened the victim, is erroneous and adversely affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, confiscation) is too unreasonable.

2. Determination

A. If the court below reviewed the judgment of the court below as to the assertion of mistake of fact by comparison with the evidence legitimately adopted and examined, it is just and acceptable to find the defendant guilty of the facts charged in this case for the reasons as stated in its holding, and there is no error of law by misunderstanding the facts as pointed out by the defendant, which affected the conclusion of the judgment.

B. The defendant's victim, who was the defendant's appearance of the defendant's judgment on the assertion of unfair sentencing, wanted a simple appearance of the defendant's wife; however, the defendant's remaining injury to the victim had been committed during the suspension period, but again led to an anti-humanistic crime against the old victim; it cannot be seen that the defendant denied the crime of this case; it has been punished more than 10 times due to violent crimes, including the four suspended sentence, and there are other factors of sentencing as shown in the argument of this case, such as the defendant's age, character and behavior, environment, circumstances of the crime of this case, and circumstances after the crime, etc., the defendant's above assertion is not reasonable since the court below's punishment is too unreasonable.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition

However, Article 2 (1) 2 of the Punishment of Violences, etc. Act and Article 283 of the Criminal Act of 1. Criminal facts

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제2호

-형법 제283조

-형사소송법 제364조 제4항

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