폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)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 sentencing of the lower court (ten months of imprisonment) is too unreasonable.
B. Of the facts charged in the instant case, the lower court acquitted the Defendant on the ground that there is insufficient proof as to the part of the charge that the Defendant carried a shoulderer’s disease, which is a dangerous object at the time of causing injury to the victim H (hereinafter “the part carrying a dangerous object”), such as the charge (hereinafter “the part carrying a dangerous object”).
However, in light of the police statements of the victim H to the purport that "the defendant was killed while threatening the victim as a shoulderer's right hand, etc. after the defendant's escape from the main body, and harming the victim, and the victim was faced with it," and the situation of the site where the glass disease in the main body of the shoulderer Sicker Sicker Sicker, etc., the defendant was found to have inflicted an injury by carrying the above main body, which is a dangerous object, with the intent to use the said main body at any time with the intent to use the main body, and thus, the above judgment of the court below was erroneous or misunderstanding the legal principles.
In addition, the sentencing of the defendant was too uncomfortable and unfair.
2. Determination
A. The Prosecutor’s assertion 1) The Punishment of Violences, etc. Act (hereinafter “Exposure Act”)
In light of the purpose of Article 3(1) and the purport of Article 3(1) thereof, a person who committed a crime by carrying a deadly weapon or other dangerous articles as stipulated in Article 3(1) of the same Act with intent to commit the crime at the scene of the crime refers to the case where the person carries a deadly weapon or other dangerous articles under the intent of use in the crime, or carries them with his body (see, e.g., Supreme Court Decision 90Do401, Apr. 24, 1990). In this case, it is examined whether the Defendant had the intention to use a prone disease in assaulting H.
Even according to the entries in the facts charged, the defendant shall keep his right on the face of a shoulderer disease.