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(영문) 울산지방법원 2016.06.03 2016노368
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

except that this shall not apply.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one hundred months of imprisonment) is too unreasonable.

2. Each of the instant crimes committed by the Defendant with dangerous articles on the ground that the Defendant was at the end of a minor vision, thereby threatening the victim F, E, destroying property, and repeatedly, for an unspecified or large number of victims, with a considerable period of time, committing a fraudulent act that has damaged the user’s trust in Internet credit transactions, and the nature of such crime and criminal facts are not good, and the sum of the acquired money is a considerable amount of 10,64,500 won, and the majority of the victims did not agree with the victims of the fraud, and did not endeavor to recover the damage. It appears that the Defendant was disadvantageous to the Defendant.

However, it is relatively minor that the defendant's mistake is divided through the life of detention for about eight months, and that the special property damage crime is damaged to cover 40,000 won and 120,000 won, and that the defendant paid the above repair expenses to the victims; the defendant has agreed with the victims of special intimidation, special property damage; the defendant has no record of being sentenced to suspension of qualifications or more; the defendant has no record of being sentenced to suspension of qualifications or more; the defendant is a young adult with 21 years of age; the family members of the defendant are leading the defendant to the defendant; the defendant's age, sex, behavior, environment, family relationship, motive and circumstance of the crime; and other various circumstances, which are conditions for the sentencing as specified in the trial process, are considered to be somewhat unfair. Thus, the above assertion by the defendant is justified.

3. In conclusion, the part of the judgment below, except the compensation order, is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is without merit, and it is again decided as follows.

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