폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, the period of one year from the date this judgment becomes final and conclusive.
1. The Constitutional Court made a decision of unconstitutionality as to Article 3(1) of the Punishment of Violences, etc. Act in the summary of the prosecutor's appeal grounds. The court below's decision that applied the above decision (the court below's order to provide community service and confiscation for 2 years of suspension of six months of imprisonment, 80 hours of community service) constitutes a violation of the law affecting the conclusion of the judgment and thus appeal for
2. Upon ex officio determination, the prosecutor: (a) applied the applicable law to “special intimidation” from “violation of the Punishment of Violences, etc. Act (a collective weapon, etc.)” to “Special Intimidation”; and (b) applied law to “Article 3(1), 2(1)1, and Article 283(1) of the Criminal Act” to “Article 284 and Article 283(1) of the Criminal Act” to “Article 283(1) of the Criminal Act”; (c) the court applied for amendment of a bill of amendment to the Criminal Act to “Article 284 and Article 283(1) of the Criminal Act; and (d) the subject of the judgment changed by this court to be tried.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act on the ground that the above ex officio reversal is a ground for reversal, and the judgment below is reversed and it is again decided as follows.
【Re-written judgment】 The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following grounds for sentencing);
1. The community service order under Article 62-2 of the Criminal Act;
1. The reason for sentencing under Article 48(1)1 of the Criminal Act of confiscation is that the defendant led to the confession of the crime of this case, made an endeavor to recover damage, made a serious effort to recover damage, and the defendant did not have the same power, except that he was issued with a summary order due to the obstruction of performance of official duties in 2014, and commits other acts of age and gender of the defendant.