폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment below
The guilty part (including the part not guilty) shall be reversed.
A defendant shall be punished by imprisonment for one year.
seizure.
The crime of intimidation is established when the crime of intimidation is committed by misleading the facts of the grounds for appeal or misunderstanding the legal principles on July 9, 2015, and each intimidation on July 10, 2015, to the extent that it would normally cause a person to feel a fear. Thus, each of the intimidation by the defendant is found to have been committed by using an expression that is sufficient in the cycle of fear to the victim, and that it is evident that each of the intimidation by the defendant was committed by using an expression that is likely to cause harm to the victim’s honor,
Nevertheless, the court below rendered a not-guilty verdict on each of the intimidation. The court below erred by misunderstanding the facts or misunderstanding the legal principles.
On July 20, 2015, violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) (main facts charged), the lower court omitted judgment on the victim’s upper part of the judgment on the diagnosis certificate of injury with respect to the impairment of character, which requires treatment between the victim and about one week submitted by the victim, and the victim did not have verified the circumstances leading up to the occurrence of such injury, and it is difficult to conclude that the victim’s mental injury was caused by the Defendant’s act. The lower court acquitted the Defendant of this part of the primary facts charged on the ground that there was an error of misunderstanding of facts or misunderstanding of legal principles due to the failure of the trial.
The punishment of the court below (one year of imprisonment) which is unfair in sentencing is too unhued and unfair.
Before the judgment on the grounds for appeal by the prosecutor ex officio prior to the judgment on the grounds for appeal by the authority, the prosecutor examined "A violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" in the name of the defendant as "special injury"; "Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act; and Article 257 (1) of the Criminal Act" in the applicable law shall read "Articles 258-2 (1) and 257 (1) of the Criminal Act"; "Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" in the indictment as "special injury."