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(영문) 대전지방법원 2015.08.20 2015노1636
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The judgment below

The guilty portion shall be reversed.

No. 1-A or M, 2-A, 3-A, 3-A of the judgment of the defendant.

Reasons

1. The lower court found the Defendant guilty of all the remaining facts charged except the Defendant’s charges of intimidation and assault against the victim E, F, and G and the victim H and I, among the facts charged in the instant case, and only the Defendant appealed against the lower judgment.

Therefore, since the court below's dismissal decision against the defendant was separated and confirmed as it is, it is excluded from the scope of this court's trial, and the scope of this court's trial is limited to the judgment of conviction of the

2. The summary of the grounds for appeal (an unfair form of punishment) of the lower court against the Defendant is so unreasonable that each of the punishments of the lower court (an aggravated punishment) is too unreasonable that the Defendant is punished by imprisonment in August, 199, the first through 200, the third to 30, the third to 50, and the second to 6: imprisonment in 10,000 won.

3. The fact that the instant crime was committed repeatedly against many victims, and the quality of the crime was extremely poor in light of the method and attitude of the instant crime, and the Defendant has already been punished several times of violence, and in particular, the fact that the instant crime was committed during the period of suspension of execution for the same kind of crime is disadvantageous to the Defendant.

However, the court below agreed with some victims of the crime of this case at the time of the trial, and further agreement between three victims and some victims do not want punishment for the defendant, and in the case of the crime of this case, it is necessary to consider equity in the case where the first crime of this case was judged simultaneously with the crime of this case which became final and conclusive in the judgment of the court below, and in addition, the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case and the circumstances before and after the crime of this case, etc.

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