(영문) 대구지방법원 2014.11.07 2014노1543 | 리걸엔진

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(영문) 대구지방법원 2014.11.07 2014노1543

폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속협박)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, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months, suspended execution for three years, probation, community service work, etc.) of the lower court is too unreasonable;

2. The judgment of the defendant committed the crime of this case, such as knife knife the dangerous articles, threatening the victims of the knife and the knife, and inflicting bodily injury on the victim D who is the wife. In light of the relationship between the defendant and the victims, the form of the crime, the danger of the crime, etc., the crime is not very good. The defendant denied a part of the crime up to the investigation process and the court of first instance, and did not seem to reflect his mistake, and the situation after the crime of this case is not good, and the defendant's crime of this case appears to have suffered emotional distress and mental damage.

However, the court below's punishment is somewhat unreasonable in light of various circumstances, including the defendant's age, character and conduct, environment, motive and background of the crime, means and result of the crime, and circumstances after the crime, etc., which are conditions for sentencing, are considered to be inappropriate, considering the following factors: (a) the defendant made confession of all the crime of this case when the defendant was in the trial; (b) the victim and the defendant agreed smoothly with the victim; (c) the defendant appears to have committed the crime of this case in the course of a dispute with the victim D; and (d) the defendant has no criminal record of a fine in violation of the Road Traffic Act, except for the criminal record of a violation of the Road Traffic Act; (d) the victim's injury suffered is minor; and (e) the defendant has received commendation as a contribution to the local community on several occasions from the permanent residential market, etc.

Therefore, the defendant's above assertion is justified.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable.

참조조문

-도로교통법

-형사소송법 제364조 제6항

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