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(영문) 서울서부지방법원 2013.04.11 2013노194
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속협박)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for up to eight months) by the lower court is too unreasonable.

2. The judgment of the Defendant committed the instant crime against humanity, such as threatening the Defendant’s parents by using the kitchen knife and threatening the Defendant’s parents by using the kitchen knife and threatening the Defendant’s parents, etc., without any particular reason, and taking into account the records of having been punished several times for assault cases, the Defendant should be punished strictly.

However, considering the fact that the Defendant appears to have committed each of the instant crimes in a state that lacks the ability to make decisions due to the proof of alcohol existence, and that the Defendant has been detained for at least six months as a result of the instant crime, and all of his mistakes are recognized and reflected, the victims’ parents are aware of the front day of the consciousness of the Defendant, and the Defendant’s parents are not punished against the Defendant, and other various circumstances, including the Defendant’s character and behavior, motive and means of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the records and arguments, are comprehensively taken into account, and in particular, considering the long-term composition and deliberation of the Defendant’s home, the Defendant’s allegation of unfair sentencing is reasonable.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all 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. Articles 3(1) and 2(1)2 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, Article 283(2) of the Criminal Act (the act of threatening the existence of a deadly weapon) and the aforesaid Act shall be included in the scope of crimes;

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