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(영문) 부산지방법원 2015.12.18 2015노3402
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not less than ten months;

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

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (two years of imprisonment with prison labor for a period of ten months and one year of suspended execution, confiscation) is too unhued and unfair.

2. Before the judgment on the grounds of appeal on the grounds of appeal, the Prosecutor applied for amendments to the indictment with the name of the defendant as "special intimidation" from "violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.)" and "Article 3 (1), Article 2 (1) 1, and Article 283 (1) of the Criminal Act" as "Article 284 and Article 283 (1) of the Criminal Act". Since the judgment of the court was changed by permission, the judgment of the court below cannot be maintained further in this respect.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the grounds of ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of facts constituting the offense and evidence recognized by the court as described in this Court shall be as shown in the corresponding columns of the original judgment.

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Social service order under Article 62-2 of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act is acknowledged as circumstances such as: (a) the Defendant’s knobs and threatened the victim’s office by finding his knobs; and (b) the case is not easy in light of the risk of the crime; (c) the Defendant planned to have his knobs and knobs; and (d) the Defendant

However, the defendant recognized the crime of this case and reflects his mistake, the defendant has no criminal record of suspended execution or more, and in the year of 198.

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