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(영문) 춘천지방법원 강릉지원 2014.01.07 2013노526
폭력행위등처벌에관한법률위반(집단ㆍ흉기등감금)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment and confiscation) of the lower court is too unreasonable.

2. The fact that the Defendant repeatedly committed each of the instant crimes for a considerable period of time, and that some of the instant crimes were committed using dangerous objects, such as knife or camping nets, etc., and that the crime is considerably not good, etc., are disadvantageous to the Defendant.

However, in full view of all the sentencing conditions, including the fact that the defendant's mistake was divided later and later later and the victim did not want the punishment against the defendant, the crime of confinement in this case is difficult to see that the time of confinement or the attitude of the defendant is serious, and that there is a family member to support the defendant, the sentence of the court below is 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 shown in each corresponding column 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. Article 3(1)1 of the relevant Act on the Punishment of Violences, etc., Articles 2(1)1 of the Criminal Act, Article 260(1) of the Criminal Act (the act of assaulting carrying dangerous articles in September 2012), Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 366 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 257(1)1 of the Criminal Act, Article 260(1)2 of the Punishment of Violences, etc. Act, Article 276 of the Criminal Act.

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