폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
1. Summary of grounds for appeal;
A. The Defendant, as stated in the facts constituting the crime of paragraph (1) of the lower judgment, citing and threatening the victim C.
B. The sentence imposed by the lower court (five years of imprisonment) is too unreasonable.
2. We examine ex officio prior to the judgment on the Defendant’s assertion of unfair sentencing.
With respect to the violation of the Punishment of Violences, etc. Act (a collective, deadly weapon, etc.) among the facts charged in the case at the trial of the political party, the prosecutor applied for the amendment of the indictment with regard to the violation of the Punishment of Violences, etc. Act (a collective, deadly weapon, etc.) as "special intimidation" from "violation of the Punishment of Violences, etc. Act (a collective, deadly weapon, etc.)", and the applicable provisions of the Act to "Article 3 (1), Article 2 (1) 1, and Article 283 (1) of the Punishment of Violences, etc. Act" and "Article 284 and Article 283 (1) of the Criminal Act". This court permitted this and changed the subject of the judgment. Since the court below sentenced the second crime as stated in the judgment of the court below as
However, despite the above reasons for ex officio reversal, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court.
3. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant cited the insertion of aluminium materials (hereinafter “the insertion of this case”) which is a dangerous object, such as the facts stated in paragraph (1) of the crime in the judgment of the court below, and recognized the fact that the defendant threatened the above victim as if the victim C was sealed.
The defendant's above assertion is not accepted. A.
The victim C consistently stated in the investigative agency and the court below that the defendant had committed the above victim's behavior by inserting the inserted in this case, which was located at the time of the above victim's house.