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(영문) 부산지방법원 2017.02.15 2016노4819
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

The sentence of the court below (10 months of imprisonment) against the defendant in summary of the grounds for appeal is too unreasonable.

Judgment

It is not good that each of the crimes of this case has been committed, that the defendant committed again without being aware of it during the period of repeated crime, and that the criminal records of this case can meet the same kind of criminal records, is disadvantageous.

However, in full view of the favorable circumstances, such as the fact that the defendant recognized each of the crimes in this case as well as the fact that the defendant committed the crime in this case, and that the victim agreed smoothly with the victim H of special assault and that the victims did not have any particular status, and that the damage of the crime of damage to property was not serious, and other factors of sentencing specified in the arguments in this case, such as the background of the crime in this case, the circumstances after the crime, the defendant's age, sexual behavior, environment, etc., the court below's punishment is too unreasonable, and thus, the defendant's assertion is reasonable.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is made after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is identical to the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 366 of the Criminal Act, Articles 261 and 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, the choice of imprisonment for a crime, and the choice of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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