폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and ten months.
1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.
2. Before the judgment on the grounds for appeal ex officio, the prosecutor examined ex officio prior to the judgment on the grounds for appeal of ex officio, and at the trial court, the prosecutor applied for changes in the indictment with regard to "violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.)" among the names of the instant crimes as "special intimidation", and "Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act" among the applicable provisions of the relevant Acts as "Articles 284 and 283(1) of the Criminal Act", and the judgment of the court below can no longer be maintained due to changes
3. Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.
The summary of the facts constituting the crime and the evidence against the defendant recognized by the court as the summary of the facts constituting the crime and the evidence is cited in accordance with Article 369 of the Criminal Procedure Act, except for the alteration of the "Violation of the Punishment of Violence, etc. Act (collectively, Deadly Weapons, etc.)" in Article 2 (2) of the facts constituting the crime in the judgment of the court below as "special intimidation 2."
Application of Statutes
1. Relevant legal provisions and the choice of punishment for a crime: Article 257(1) of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, Article 141(1) of the Criminal Act, Articles 44(1)2 and 32(1)1 of the Promotion of Game Industry Act, Article 30 of the Criminal Act, Article 44(1)2 and Article 32(1)7 of the Promotion of Game Industry Act, Article 30 of the Criminal Act, Article 44(1)2 and Article 32(1)7 of the Act on the Promotion of Game Industry, Article 30 of the Criminal Act, and Article 2 of the Punishment of Violences, etc. Act.