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(영문) 창원지방법원 2016.02.04 2015노3071
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

One document (No. 1), jacknaf.

Reasons

1. The summary of the grounds for appeal asserts that the defendant is unfair because of the so-called punishment sentenced by the court below (a punishment of eight months, confiscation) and the prosecutor asserts that the above punishment is too unfeasible and unfair.

2. In light of the fact that the Defendant committed the instant crime during the period of repeated crime, it is inevitable to sentence the Defendant to a sentence.

However, considering the circumstances favorable to the defendant, such as the defendant's age, sexual conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the sentence imposed by the court below is unreasonable because of the following: (a) the defendant recognized the crime of this case; (b) the victim C agreed with the victims; and (c) the victim C wanting to support the defendant; and (d) the family members supporting the defendant.

3. As the appeal of the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading (the prosecutor’s appeal is without merit, but the prosecutor’s appeal is not dismissed as long as the judgment of the court below is reversed due to the defendant’s ground for appeal). [The judgment which is used again] The criminal facts and summary of evidence recognized by the court and summary of evidence are as stated in each corresponding column of the judgment of the court below (Article 369 of the Criminal Procedure Act)

1. Relevant Article of the Criminal Act concerning the facts constituting an offense, Articles 284, 283(1) (a) of the Criminal Act concerning the selection of punishment, Articles 369(1) and 366 of the Criminal Act, Article 71 Subparag. 1 and 12(1) (a) of the Control of Firearms, Swords, Explosives, etc. Act, and Articles 71(1) (a) (the possession of an unauthorized swords) of the Control of Firearms, Swords, Explosives, etc. Act, and the selection of imprisonment for each sentence;

2. Article 35 of the Criminal Act for aggravated repeated crimes;

3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

4. Article 48 (1) of the Criminal Act to confiscate;

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