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(영문) 대전지방법원 2014.11.20 2014노1385
경비업법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (a three-year imprisonment, a four-year grace period, and a community service order) is deemed unreasonable.

B. The sentence imposed by the lower court is excessively unreasonable.

2. In determining the grounds for appeal by the prosecutor and the defendant, the victims who assaulted the victims with dangerous articles while performing the duty of security guards, and who did not reach an agreement with the victims up to the time of the trial, is disadvantageous.

However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances before and after the crime, there is no particular penalty power except for the previous one, the defendant made efforts to recover damage by depositing a sum of 44 million won against all victims in the court below and the court below, and the court below's decision and the court court's decision that most of security guards were injured in the course of this case, and most of security guards were injured in the course of this case. The defendant's age, character and behavior, environment, motive, means and consequence of the crime, the defendant's punishment imposed by the court below is too excessive and unfair. Therefore, the defendant's assertion of unfair

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2(2) and (1)1 of the Punishment of Violences, etc. Act as to the facts of the crime concerned, Article 260(1) of the Criminal Act, and the punishment of each act of violence, etc.

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