폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
The prosecutor's appeal is dismissed.
1. The Defendant’s crime of this case on the assertion of unfair sentencing by the prosecutor is acknowledged as the need for strict punishment on the ground that the Defendant’s crime of this case, while taking abusive and verbal abuse to her wife who is the victim, intimidation by using the knife, virtual, and excessive knife, which is a dangerous object, and the nature of the crime is not less complicated
However, in full view of all the sentencing conditions in the records and arguments of this case, including the fact that the defendant repents his mistake, the defendant has not been convicted or has no criminal record of the same kind, the relationship between the defendant and the victim, the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment imposed by the court below (one year of imprisonment with prison labor, two years of suspended execution, probation, and 120 hours community service order) is not appropriate and hot.
2. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.
[However, the judgment of the court below, on the 4th page 3, Article 50, "Article 50" of the Regulation on Criminal Procedure, since it is apparent that "the punishment is added ex officio in accordance with Article 25, Paragraph 1 of the Regulation on Criminal Procedure, since it is apparent that "the punishment is added to the punishment prescribed by the Act on the Punishment of Violences, etc. which is heavier than the punishment, and the punishment is added to the above two crimes."