(영문) 의정부지방법원 2015.11.24 2015노2626

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(영문) 의정부지방법원 2015.11.24 2015노2626

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

The judgment of the court below is reversed.

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

Reasons

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

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the prosecutor, in the trial, applied for changes to the name of the crime from "violation of the Punishment of Violences, etc. Act (collectively, Deadly Weapons, etc.) to "special intimidation", and the applicable provisions of this Act to "Articles 284 and 283 (1) of the Criminal Act". Since this court permitted this and changed to the subject of the judgment, the judgment of the court below was no longer maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column 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. The reason for sentencing under Article 284 of the pertinent Act and Articles 283(1) of the Criminal Act regarding criminal facts and Article 283(1) of the Selection of Punishment Act was sentenced to imprisonment for six months and two years of probation on February 20, 2014. The Defendant committed the instant crime without being sentenced to imprisonment during the probation period, two times of a fine for violent crime, two times of a fine by drinking driving, and two times of a fine by drinking driving, and the Defendant threatened the victim on the ground that the victim refused the demand of the Defendant to receive tobacco. In light of the fact that the nature of the relevant crime is bad, it is necessary to punish the Defendant strictly.

However, the court below did not want the punishment of the defendant by agreement with the victim, and this judgment is given that the defendant led to confession and reflects the crime of this case.

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