폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.
1. The decision of the court below on the gist of the reasons for appeal (two years of suspended sentence to eight months of imprisonment) is too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.
A prosecutor shall apply the law to "Special Intimidation" in the name of the crime in the trial of the political party to "Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" as "special intimidation", and the applicable law to "Article 3 (1), 2 (1) 1, and Article 283 (1) of the Punishment of Violences, etc. Act" as "Article 284 and Article 283 (1) of the Criminal Act" was changed to "Article 283 (1) of the Criminal Act, and since this court permitted this, the judgment below as to this part was no longer maintained, and since this part of the facts charged, as well as the facts charged such as the remaining injury, damage to property, etc., are concurrent crimes under the former part of Article 37 of the Criminal Act, the entire judgment of the court below cannot be maintained as it is.
3. As such, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts of the crime and the evidence admitted by this court is as follows: (a) except in the case where the title “Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” in paragraph (1) of the facts of the crime of the judgment below is deemed as “special intimidation”; and (b) the title “ deadly weapons” in the 6th sentence as “hazardous goods” is deemed as the corresponding column of the judgment of the court below; and (c) thus, it is cited in accordance with Article 369
Application of Statutes
1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act, Article 257(1) (a) of the Criminal Act, Article 366 of the Criminal Act, the choice of imprisonment for a crime, and the choice of punishment;
1. The former part of Article 37 of the Criminal Code, and Article 38.