폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
The prosecutor's appeal is dismissed.
1. The sentence imposed by the lower court (eight months of imprisonment) is too unhued and unreasonable.
2. The lower court determined that each of the instant crimes was repeated within a short period, and the nature of the crime was heavy, and that there was a past record of being punished for a number of crimes, the entire confessions and reflects all of the crimes, the circumstances favorable to the fact that there was no criminal record of suspension of execution or more, and the conditions of sentencing as indicated in the arguments were taken into account, and determined a punishment by taking into account all of
In full view of the facts and statutory penalty as conditions for sentencing in the first instance court, the judgment of the lower court exceeded the reasonable bounds of its discretion.
There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.
Therefore, prosecutor's sentencing and light allegation are without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.