폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for three years from the date this judgment becomes final and conclusive.
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. It is recognized that there are many criminal records against the defendant, and the crime of intimidation by carrying a deadly weapon in this case was committed by intimidation of the victim C, which is a dangerous article of the defendant, and that the crime is not less severe, the victim did not reach an agreement with the victims, and that the defendant committed each of the crimes in this case without being able to do so during two suspended periods of execution.
However, in light of the fact that the defendant made a confession of all of the crimes of this case when they were in the trial, that the defendant has been detained for more than 9 months due to each of the crimes of this case, and that his mistake is divided into truth and reflects it, that the defendant seems to have been prevented from committing each of the crimes of this case by contingently, and that it appears that the defendant committed each of the crimes of this case in the course of pursuing the male relations of the victim C, and that it is other factors that are conditions for sentencing such as the defendant's age, character and behavior, motive for the crime of this case, circumstances after the crime, etc., it is deemed that the punishment of the court below
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3(1) and Article 2(1)1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2(1)1 of the Criminal Act, Article 283(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 314(1) of the Criminal Act (Article 3(1) of the same Act, Article 314(1) of the Criminal Act (Article 3(1) of the Act on the Punishment
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Article 62 of the Criminal Act: