폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and six months of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds of appeal by the defendant ex officio, prior to the judgment on the grounds of appeal by the court below, the prosecutor applied for changes in the name of the crime to "special assault", "Violation of the Punishment of Violences, etc. Act (collectively weapon, etc.)", "Violation of the Punishment of Violences, etc. Act (collectively weapon, etc.)", "Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act", "Article 260 (1) of the Criminal Act", "Article 261 and Article 260 (1) of the Criminal Act", "Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act", "Article 284 and Article 283 (1) of the Criminal Act" as "Article 283 (1) of the Criminal Act", since this court permitted such changes and thus the judgment below is no longer maintained.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the evidence and the facts charged by the defendant 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 they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3(1) and Article 2(1)3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 257(1) (a) and 260(1) (a) of the Criminal Act, Articles 261 and 260(1) (a) of the Criminal Act, Articles 284 and 283(1) (a) of the Criminal Act concerning facts constituting a crime, and Articles 284 and 283(1) (a) of the Criminal Act concerning the punishment of a dangerous article, and choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;