폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Summary of grounds for appeal;
A. The Defendant did not inflict any injury on the victim, citing dangerous things, and did not intimidation the victim.
B. The lower court’s sentencing (ten months of imprisonment) is too unreasonable.
2. Determination
A. An ex officio determination prosecutor filed an application for changes in the indictment with regard to the name of the crime in the trial as "special intimidation" from "violation of the Punishment of Violences, etc. Act (a deadly weapons, etc.)" and the applicable provisions of the law to "Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, and Article 283(1) of the Criminal Act" respectively. Since this court changed the subject of adjudication by granting permission for changes in the above indictment, the part of the case of the defendant cannot be maintained, except for compensation order.
However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of the court, even if there is such ground for ex officio reversal, and this will be examined below.
B. Comprehensively taking account of the following circumstances revealed by the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, the Defendant may sufficiently recognize the fact that the Defendant threatened the victim and threatened the victim with the spread and industrial knife, which is a dangerous object.
1) From the police to the court below's decision, on March 15, 2014, the victim C used nb and knb and knb in the victim's house and died of the victim while under the influence of alcohol, and stated that the victim's face, etc. was taken as drinking by the victim, and that the victim was knb and knb and knb in E in the victim's body, and that the victim was knb and knb in the victim's face, and that the victim was knb and knb in the victim's body, and that the statement was given to E in the victim's knb and knb. 2), the witness was not considered to be the police from the police to the court below's decision, and that the