폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The summary of the grounds for appeal (e.g., imprisonment and six months) of the lower court’s sentence against the Defendant is too unreasonable.
2. Each of the crimes of this case in light of the motive, frequency, etc. of the crime in this case is not less than that of the defendant, and the defendant has been punished for the same kind of crime several times, etc. However, even though the defendant has been able to refrain from committing the same crime in depth through prison life for more than four months, the victim D, H, J and original agreement that the above victims want to refrain from committing the same crime, and the defendant has not been sentenced for punishment for the last ten years, and other various sentencing conditions indicated in the records such as the defendant's motive, background, circumstance after the crime in this case, the defendant's age, character and behavior, etc. are considered to be unfair.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 3(1) and 2(1)1 of the relevant Act on the Punishment of Violences, etc., Article 283(1) of the Criminal Act, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Articles 3(1) and 2(1)1 of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, Article 257(1) of the Criminal Act, Article 283(1) of the Criminal Act, Article 283(1) of the Criminal Act, and Article 2(1)1 of the Punishment of Violences, etc. Act on the Punishment of Violences, etc.