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(영문) 인천지방법원 2015.08.26 2015노2541
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (six months of imprisonment, confiscation) is too unreasonable.

2. The crime of this case on the part of the defendant was committed in the singing club operated by the defendant and possessed by two knife two knifes that the victim was able to take the examination against the defendant after he had worked as an employee, and found the knife in knife and knife the victim's knife and knife the victim's knife." In light of the circumstances and contents of the crime, etc., the crime of this case is very poor in light of the circumstances and contents of the crime, etc., which are disadvantageous to the defendant, but it seems that all of the crime of this case was led to the confession of the defendant at the trial, and the defendant was committed in the court of the first instance, and the victim did not want the defendant's punishment, and the defendant's age, character, environment, circumstances before and after the crime, etc., and various sentencing records and arguments are considered to be unfair.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 283 (1) of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the defendant in the preceding way);

1. Circumstances favorable to the Defendant, such as the death of pinin, before Article 62(1) of the Criminal Act.

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