(영문) 청주지방법원 2015.05.14 2015노286 | 리걸엔진

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(영문) 청주지방법원 2015.05.14 2015노286

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. In regard to the crime No. 2 as indicated in the judgment of the court below, as to the crime No. 2 as indicated in the judgment of the court below, the defendant did not make the statement that he was knife with the suspect and knife, knife knife knife, knife, which is a dangerous object, and that the victim did not speak that "the knife knife knife knife knife knife knife knife knife knife knife knife knife". As to the crime No. 4 as indicated in the judgment of the court below, the defendant did

B. The lower court’s sentence of unreasonable sentencing (one year and two months of imprisonment) is too unreasonable.

2. Determination

A. Examining the evidence duly adopted and examined by the court below regarding the assertion of mistake of fact, a thorough examination of the evidence can sufficiently recognize the fact that the defendant threatened the victim by carrying dangerous articles as stated in paragraph (2) of the judgment below and assaulted the victim as stated in paragraph (4) of the judgment of the court below.

The defendant's assertion of mistake is without merit.

B. The Defendant’s unfavorable circumstances on the assertion of unfair sentencing are as follows.

The defendant damaged the victim's property and threatened the victim by putting a saw, etc., which is a dangerous object, it seems that the risk of the behavior is very high, and that the fear of the victim was reasonable.

The Defendant has been punished several times for the same crime, and even though he was punished four times from 2008 to 2009 due to the crime of injury to the victim C of this case, the Defendant committed each of the crimes against the same victim.

The defendant has made efforts to improve his personality and behavior even though he knows that violence has been revealed after excessive drinking, and continues to repeat the same kind of crime without making efforts to improve his personality and behavior.

The circumstances favorable to the defendant are as follows.

유사 판례

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