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 summary of the grounds for appeal is unreasonable as the punishment imposed by the court below (one year of imprisonment and three years of suspended execution) is too unhutiled.
2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, prior to the judgment on the grounds for appeal by the prosecutor ex officio, one of the crimes against the above defendant's charged facts was examined by the prosecutor, "Violation of the Punishment of Violences, etc. Act (collectively weapons, etc.)" is "special intimidation", and "Article 3 (1), Article 2 (1) 1 and Article 283 (1) of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act" is amended to "Article 284 and Article 283 (1) of the Criminal Act" among applicable provisions of Article 284 and Article 283 (1) of the Criminal Act, and permission of a party member is granted permission
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and it is again decided as follows.
Criminal facts
The summary of the facts charged by the court and the summary of the evidence are as follows: (a) except for the alteration of “violation of the Punishment of Violences, etc. Act (Intimidation of collective weapons, etc.)” under Article 1(1) of the same Act to “special intimidation” in the reasoning of the judgment of the court below, and thus, it is identical to the corresponding part of the reasoning of the judgment of the court below. Thus, it is
Application of Statutes
1. Relevant Article 284 of the Criminal Act; Article 284 of the Criminal Act; Article 283 (1) of the Criminal Act; Article 257 (1) of the Criminal Act; Article 257 (1) of the Criminal Act; the choice of imprisonment with labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):
1. The scope of applicable sentences: Imprisonment for one month to ten years;
2. The sentencing criteria shall be set; and