(영문) 울산지방법원 2013.07.19 2013노341 | 리걸엔진

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(영문) 울산지방법원 2013.07.19 2013노341

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

The judgment of the court below is reversed.

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

Reasons

1. In light of the substance of the grounds for appeal in this case, the punishment imposed by the court below (one year and six months of imprisonment) is too unreasonable.

(2) Each of the crimes of this case on September 5, 2006 at the first day of the trial of this Court, the defendant and his defense counsel did not make a separate judgment as to the withdrawal of his mental and physical disorder during the period of appeal). 2. Although each of the crimes of this case was committed by the defendant for a long time, the defendant was committed by assaulting, threatening, threatening, or injuring the defendant for a long time, and the nature of the crime was very poor in light of the contents and circumstances of the crime, the frequency of the crime, and the frequency of the crime, and the defendant was punished several times due to rape and bodily injury, etc., and committed each of the crimes of this case on September 5, 2006 again during the period of parole after the parole was sentenced to imprisonment for three years and six months, and the period of parole passed, and the victim again committed each of the crimes of this case during the period of repeated crime. However, considering the fact that the defendant did not want the victim to be punished for the defendant by mutual consent with the victims, the defendant's depth and age, character and circumstances of the defendant.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

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

Application of Statutes

1. Punishment of the relevant law as to the facts of crime, Article 260 (1) of the Criminal Act (the point of violence), Article 257 (1) of the Criminal Act (the point of injury), and Article 257 (1) of the Criminal Act (the point of

참조조문

-성폭력범죄의 처벌 및 피해자보호 등에 관한 법률

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