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(영문) 대구지방법원 2015.04.02 2015노144
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The excessive one (No. 1) seized shall be the one.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is unreasonable because the punishment imposed by the court below (one year and two months of imprisonment and confiscation) is too unreasonable.

2. The fact that there are many records of criminal punishment against the defendant, and that the defendant committed the instant crime during the period of repeated crime resulting from the same crime is disadvantageous to the defendant.

On the other hand, the fact that each of the assaults and intimidation in this case is relatively minor is favorable to the defendant.

In full view of the above circumstances and various circumstances, such as the age, character and conduct, intelligence, environment, motive, means and consequence of the crime, etc., and the sentencing conditions specified in the instant records and arguments, the sentence imposed by the court below is deemed to be too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding part of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 319(1) of the Criminal Act that allows the choice of a punishment, Article 319(1)1 of the Criminal Act, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 283(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 283(1) of the Criminal Act, and Article 283(1) of the Criminal Act,

1. Article 35 of the Criminal Act among repeated crimes: Provided, That the restriction under the proviso to Article 42 of the Criminal Act shall apply to the crimes of violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.);

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [aggravating concurrent crimes within the limit of the proviso of Article 42 of the Criminal Act with regard to the punishment prescribed for a violation of the Punishment of Violences, etc. with the largest punishment (a collective, deadly weapons, etc.)];

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