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(영문) 울산지방법원 2016.08.05 2016노671
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentence imposed by the lower court (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The crime of intimidation on board: (a) the Defendant, while driving a car, threatened the victim by interfering with the course of the victim by using a dangerous object, on the ground that the victim wears the horn while driving the car; (b) in light of the motive of the crime and method of committing the crime, etc., the nature of the crime is very poor; (c) the crime of retaliation is inevitable due to the crime that may cause serious danger to the other driver or passenger of the other vehicle; and (d) the fraud of this case is 24 million won in total by the Defendant borrowed from the lending enterprise; (c) as if the Defendant was sufficiently able to repay the above loans, the Defendant deceiving the victim, who is the former workplace rent, so that the victim may jointly and severally stand, by using a dangerous object; and (d) in light of the motive of the crime and method of the crime, how the crime was committed at night, how the crime was committed, how the Defendant attempted to commit the crime, and how his personal trust was used; and (d) the motive and method of the crime of larceny of this case, without any damage to the victim’s.

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