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(영문) 광주고등법원 2014.08.28 2014노218
폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for four years from the date this judgment becomes final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (two years of imprisonment) is too unreasonable.

2. The crime of fire prevention in itself is serious in that it harms the public safety and peace and may inflict serious harm on the life and property of others. In fact, in that the defendant intrudes on the victim's residence while carrying dangerous objects, and thereby damaging the entrance and damaging the gate and causing considerable damage to the stable immediately adjacent to the said residence, the criminal law is dangerous and is highly likely to be subject to criticism.

In addition, it is evident that the victim has suffered a considerable mental impulse.

On the other hand, the defendant can be punished strictly.

However, in full view of the following circumstances: (a) the Defendant led to the confession and reflect of the instant crime; (b) the Defendant agreed with the victim for the first time in the trial; (c) the victim committed the instant crime by misunderstanding the victim; and (d) the Defendant committed the instant crime in a somewhat contingent and contingent manner after October 2004; and (c) the Defendant’s age, character and conduct, family relationship, environment, circumstances and degree of the commission of the instant crime; and (d) other circumstances revealed in the instant pleadings, including the circumstances after the commission of the crime; and (e) the scope of recommendations (at least one year of imprisonment) as set forth by the Sentencing Commission, the lower court’s sentence is somewhat unreasonable

Therefore, the defendant's above assertion is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

Criminal facts

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

Application of Statutes

1. The relevant Article of the facts constituting an offense and the punishment of selecting an act of violence, etc.;

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