(영문) 광주지방법원 2016.04.06 2016노350 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2016.04.06 2016노350

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the lower judgment, did not pose a threat to the victim F and G by putting his hand on the victim F and G.

B. The sentence of the lower court (one hundred months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the lower court’s duly admitted and investigated evidence regarding the assertion of mistake of fact, the Defendant may fully recognize the fact that the Defendant had threatened the victims by putting his/her fingers as stated in the lower judgment.

Therefore, the defendant's above assertion is without merit.

(1) A victim F has threatened himself/herself from the police investigation stage to the court of original trial.

consistently stated (Evidence 9, 136 pages, 30 pages of the trial records). ② Victim G also threatened himself by the Defendant from the police investigation stage to the court of the original trial.

(3) The testimony of H at the time of the instant crime is consistent with the testimony of the victims (the 71st page of the trial record). (4) Although the Defendant alleged that he did not pose a threat to the victims, the Defendant was in possession of his fingers at the time of the instant crime (the 42th page of the evidence record). (b) The fact that the Defendant committed the instant crime by contingently determining the illegal assertion of sentencing is favorable.

On the other hand, the crime of this case is an unfavorable circumstance, such as the following: (a) the Defendant was threatening and threatening to wear the hand, which is a dangerous object against the aged older victims; (b) the nature of the crime is not good; (c) the record of having been punished by the same kind of violence; and (d) the period of repeated crime is being committed due to the crime of assault, etc.; and (c

In addition, the arguments of this case, such as the background of the crime of this case, the circumstances after the crime, the age of the defendant, the sexual conduct, and the environment, etc.

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