폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. Summary of grounds for appeal;
A. The court below found the defendant guilty of this part of the facts charged, although there was no fact that the defendant displayed the enormous machine, knife, and saws, which are dangerous objects, and assaulted the victim Q, which is erroneous in the misapprehension of facts (the crime of violation of the Punishment of Violences, etc. Act (the crime of violence, etc.).
B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below and the trial statement of Q Q, the fact that the defendant, as stated in the facts constituting the crime in the court below's holding, brooms brooms and saws, which are dangerous goods in the bank, are cut off to the victim and display the victim's chests several times.
Therefore, the defendant's above assertion is without merit.
B. It is recognized that the Defendant had a record of being sentenced to four times of a fine due to larceny; however, the Defendant repeats the larceny without being aware of it; the Defendant committed the larceny without any particular reason; and the victim who committed the larceny was aware of the occurrence of the larceny, and the nature of the crime is not good; and the Defendant did not agree with most victims.
However, considering the fact that the amount of damage caused by each of the larcenys in this case is not significant, and that some victims were temporarily returned, that there was an agreement with victim N and Q during the trial period, and that other sentencing conditions indicated in the records of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime in this case, etc., the sentence of the court below is somewhat unreasonable.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.
Criminal facts
(b).