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(영문) 의정부지방법원 2016.01.15 2015노1953
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The judgment of the court below (including the portion of innocence) shall be reversed.

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

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant, with regard to the violation of the law on the part of the child’s clothes (not guilty of the reasoning of the judgment below), did not have any negligence in regard to the Defendant’s emotional abuse of the victim D, in light of the fact that: (a) the Defendant was able to obtain the victim’s head debt; (b) assaulted C, the victim’s mother; and (c) the Defendant was aware of the victim D at the time of assaulting C.

Recognized.

In addition, with regard to the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), it is recognized that the defendant's excessive distribution did not result in an excessive distribution on the table, but the defendant's strong desire to get the excessive distribution on the table.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment, two years of suspended execution, and 120 hours of community service order) is unreasonable as it is excessively unhutiled.

2. Determination

A. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, one of the facts charged by the defendant at the time of the trial by the prosecutor, "Violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.)" was "Special Intimidation", and "Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act" in the applicable law was "Article 284 and Article 283 (1) of the Criminal Act" and "Article 283 (1) of the Criminal Act". The court permitted this and changed the subject of the judgment by this court, and the remaining facts charged are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court below was no longer maintained (including the part of acquittal without reason).

However, the judgment of the court below on the ground of the above-mentioned reversal is justified.

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