(영문) 부산지방법원 2015.11.27 2015노3059 | 리걸엔진

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크기(pt)

굵기

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자간(%)

(영문) 부산지방법원 2015.11.27 2015노3059

폭력행위등처벌에관한법률위반(집단ㆍ흉기등퇴거불응)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven months.

Seized one (Evidence No. 1) shall be confiscated.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one hundred months of imprisonment and confiscation) is too unreasonable.

2. The crime of this case committed on the part of the victim E is a summary of the victim E by finding the victim C and threatening him/her as if the defendant did not keep him/her in contact with him/her, and by carrying with him/her the hacker, which is a dangerous object, and finding him/her in the house of the victims.

Considering the fact that the Gu is not in compliance with the law and the contents of the crime, it is considerably poor in the nature of the crime, and that the defendant has been sentenced to a fine three times for the same violent crime and one time for suspended execution, two times for a fine, five times for a fine, and that it seems that the agreement with the victims or the recovery of damage has not been made properly, it is necessary to impose a strict liability corresponding to it.

However, in light of the following: (a) the Defendant led to the entire confession of the instant crime and reflects his mistake; and (b) the Defendant was aware of the relationship with the victim C by her wife and divorced; and (c) requested divorce from the said victim; (b) the said victim appears to have committed the instant crime by taking account of the fact that the said victim was more hedging and not having been able to take the initiative; and (c) the victims’ damage incurred due to the instant crime appears to have been relatively heavy; and (d) other factors of sentencing as indicated in the argument in the instant case, including the Defendant’s age, character and behavior, environment, motive and background of the instant crime, and circumstances after the crime, etc., it is deemed that the sentence imposed by the lower court is somewhat unreasonable.

Therefore, the defendant's above assertion is justified.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled again as follows.

Criminal facts

The substance of the evidence and facts charged by the court.

참조조문

-형사소송법 제364조 제6항

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