logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2013.12.19 2013노4230
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court against the accused (one year of imprisonment, two years of probation, one hundred and twenty hours of community service order, confiscation) is too unreasonable.

Judgment

Although the crime of this case was committed by the Defendant with gas guns and electronic shock machines, the case is not somewhat weak, the Defendant did not have any specific criminal record except for the Defendant who was sentenced once to a fine due to violent crimes in around 2002, and agreed with the victim in the investigation stage. In full view of the following: (a) the Defendant’s age, character and behavior, environment, details of the crime, circumstances after the crime, etc., and all of the sentencing conditions indicated in the records and arguments of this case, including the Defendant’s age, character and behavior, circumstances after the crime, etc., the sentence of the lower court is

Thus, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 283 (1) of the Criminal Act (the point of intimidation to carry dangerous articles), Article 73 subparagraph 1 of the Control of Firearms, Swords, Explosives, etc. Act, and Articles 17 (2) of the Control of Firearms, Swords, Explosives, etc. Act (the point of use of respective guns and electronic percussion locks for other than permitted purposes,

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

1. Article 62 (1) of the Criminal Act;

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;

arrow