폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the lower court (two years of imprisonment with prison labor for a year, two years of probation, and one hundred and twenty hours of community service) is too unhued and unreasonable.
2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the name of the crime under Article 1 of the Act on the Punishment of Violences, Etc. (a group, deadly weapon, etc.) was examined by the prosecutor, and the applicable provision of the Act was changed to “special intimidation” and “Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, and Article 283(1) of the Criminal Act,” respectively. Since the name of the crime under Article 283(2) of the Act on the Punishment of Violences, etc. (a group, deadly weapon, etc.) was modified to “special damage” and the applicable provision of the Act was amended to “Article 3(1) and (1)1 of the Punishment of Violences, etc. Act, and Article 36(1)6 of the Criminal Act, and Article 36(1) of the same Act cannot be amended to “the Defendant’s amendment to the indictment,” and Article 6(3)6 of the Criminal Act cannot be changed to “the Defendant’s amendment to the indictment.”
3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court is as follows: (a) except for addition of “1. written estimate” to the column for the evidence of the lower judgment, the same is identical to each corresponding column of the lower court’s judgment; and (b) thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act, Articles 369(1) and 366 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment, respectively;
1. The aggravated Criminal Act for concurrent crimes.