폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.
2. Each of the crimes of this case in determining the grounds for appeal is that the defendant committed an injury to the victim living together even though he/she is a repeated crime, and threatens him/her to kill the victim by carrying a dangerous weapon, and that the crime is not less exceptionally, and that it does not reach an agreement with the victim is an unfavorable reason for sentencing against the defendant.
However, in full view of the following: (a) the Defendant recognized all of the instant offenses; (b) deposited KRW 3 million for the victim; (c) the Defendant did not have the same criminal record; and (d) other circumstances, such as the Defendant’s age, motive and background of the offense; (b) means and consequence; and (c) the conditions of sentencing specified in the records and arguments, such as the circumstances after the offense; and (d) the result of the application of the sentencing guidelines by the Sentencing Committee, the lower
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of the facts and evidence recognized by the court is the same as those stated in the corresponding column 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. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act (the point of violation of the Punishment of Violences, etc. Act) concerning the crime;
1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso to Article 42 of the Criminal Act [a person who commits concurrent crimes with punishment determined for a violation of the Punishment of Violences, etc. which is heavier than punishment [a person who commits concurrent crimes with punishment prescribed by the said Act];