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(영문) 수원지방법원 2013.05.02 2013노1318
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)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.

Reasons

1. The grounds for appeal (unfairness) asserts that the court below's imprisonment (one year of imprisonment) declared by the defendant is too uneasible and unfair.

2. According to the records, it is reasonable to consider that the defendant led to each of the crimes of this case, committed against himself, committed against him, and should be sentenced to a suspended sentence if the sentence becomes final and conclusive, until the suspended sentence has been revoked. However, the sentence of the court below is too weak in light of the following circumstances: the defendant's knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife, etc.

3. If so, the prosecutor's argument is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is judged again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence against the defendant recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, it is decided to accept them in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act as to the facts of crime, Articles 2 (1) and 2 (1) 1 of the same Act, Article 283 (1) of the Criminal Act (the point of intimidation carrying a deadly weapon), and Article 257 (1) of the Criminal Act (the point of injury and the choice

1. It is so decided as per Disposition for the reasons under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes;

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