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(영문) 인천지방법원 2014.12.18 2014노3770
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

, however, this shall not apply to the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. In light of the circumstances favorable to the Defendant, such as the fact that the Defendant committed a crime similar to the instant crime against the former wife at the time when around 2011, there was a history of punishment against the Defendant, and the fact that the nature of the instant crime is not good in light of the several methods of the instant crime, etc., but, in light of the circumstances favorable to the Defendant, such as the fact that the Defendant recognized his mistake through a prison life exceeding five months, and that the Defendant agreed with the victims in the lower court, and other various circumstances that are favorable to the Defendant, such as the Defendant’s age, character and behavior, environment, and family relationship, the sentence imposed by the lower court is somewhat unreasonable.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each 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. Articles 3(1) and 2(1)1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283(1) of the Criminal Act; Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act; Articles 257(1) and 257(1)3 of the Criminal Act; Articles 3(1) and 2(1)2 of the Punishment of Violences, etc. Act; Article 276(1) of the Criminal Act (a) of the Criminal Act on the Punishment of Violences, etc.;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (Taking into account the favorable circumstances in the preceding);

1. Matters concerning community service order under Article 62-2 of the Criminal Act, probation, etc.;

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