(영문) 전주지방법원 2015.04.08 2015노109 | 리걸엔진

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(영문) 전주지방법원 2015.04.08 2015노109

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

Text

The judgment below

Part 2 and 3 of the judgment shall be reversed.

6 months of imprisonment with prison labor for the crimes of Nos. 2 and 3 of the judgment of the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of the judgment below (the imprisonment of six months for the crime of expulsion 1, one year for suspended execution, one year for suspended execution, and eight months for the crime of violation of Articles 2 and 3) is too unreasonable.

2. Determination

A. In full view of the following: (a) the sentence imposed by the lower court on the part of the first offense in its holding is the lowest sentence that could be sentenced to the Defendant within the scope of discretionary mitigation; and (b) the Defendant’s age, criminal records, character and conduct, environment, family relationship, motive and circumstance of the offense; and (c) the sentence imposed by the lower court cannot be deemed as improper because the sentence imposed by the Defendant is too unreasonable.

B. In light of all of the sentencing conditions of the instant case, including the Defendant’s age, character and conduct, environment, background and result of the instant crime, etc., the sentence imposed by the lower court is too unreasonable, since it is recognized that the sentence imposed by the Defendant is too unreasonable, inasmuch as it is deemed that the sentence imposed by the lower court is too unreasonable.

3. The Defendant’s appeal as to the part concerning the crime No. 1 in the judgment of the court below is without merit, and thus, it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. However, pursuant to Article 25 of the Regulation on Criminal Procedure, “No. 14 of the same month” of the judgment of the court below shall be corrected as “No. 2, Aug. 21, 2013” and “The Punishment of Violences, etc. Act No. 15 of the same month” shall be corrected as “No. 3, 2013.”

The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, since the defendant's appeal against the second and third crimes in the judgment of the court below is well-grounded, and the following is again decided after pleading.

The judgment below

Nos. 2 and 3 of the judgment.

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