폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
The judgment below
Of them, the part on Defendant L is reversed.
Defendant
L. A person shall be punished by imprisonment for one year.
except that this judgment.
1. Summary of grounds for appeal;
A. The punishment of the lower court (one year of imprisonment) by Defendant L is too unreasonable.
B. The lower court’s respective sentences (one year of imprisonment for the Defendants L, eight months of suspended sentence, two years of suspended sentence, and eight hours of social service) against the Defendants by the public prosecutor are deemed to be too unhued and unreasonable.
2. Determination
A. The prosecutor’s decision on the sentencing of Defendant L and the assertion on unreasonable sentencing between the above Defendants are considered as one time.
Considering the fact that the above defendant has several records of punishment for the same kind of crime, and that the above defendant purchased knife for the purpose of threatening the victim and actually used it for the crime of intimidation, the above defendant's participation is more severe than that of the above defendant M and the degree of injury of the victim is not less narrowly, a strict warning is needed against the above defendant.
However, the above defendant has been detained for not less than seven months in prison and is against the depth that the defendant committed a scambling and scambling behavior. The circumstances leading the defendant's crime at the time of the crime in this case were peeped or at the court below that the defendant received 11 million won and the victim wanted to take advantage of the defendant's wife at the court below. Above all, considering the circumstances and background of this case, the court below's sentencing seems to be too high in light of the following circumstances: first, the defendant who was the defendant in a state of scambling the victim's desire by taking telephone to the defendant A during the late night hours; first, the defendants who was the defendant in a state of scambling caused the victim's crime; second, the defendants' act of causing the victim to commit the crime was extremely large; second, the defendant is raising her married couple after divorce; and other circumstances, such as the age, character, and environment of the above defendant, are considered as the conditions for sentencing in this case.
B. Determination on the prosecutor’s assertion of unfair sentencing on Defendant M.