폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Seized evidence subparagraph 1 shall be forfeited from the accused.
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendant (one year and six months of imprisonment) is too unreasonable.
2. In light of the judgment, the crime of intimidation with a deadly weapon in this case was committed by the Defendant by gathering the kitchen knife in the victim G, who was his husband, against the insult of the victim E, and threatening the victim. The offense of insult against the victim N among the crime of this case was committed by the Defendant, who was arrested in the act of interference with his duties and was under investigation, and the nature of each offense is not somewhat weak, and the Defendant has been punished several times due to violent crimes and interference with business, etc., against the Defendant.
However, in full view of the facts that the defendant recognized each of the crimes of this case and against his mistake, the crime of intimidation with deadly weapons of this case was committed at a time when the mother of the defendant died, there are some circumstances to consider the defendant as being committed at the time when the defendant's mother died, the defendant agreed not only with the victim G but also with the victim I who was the victim of the crime of interference with business in the original trial, there are changes in circumstances to be considered in addition, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age, family environment, and circumstances after the crime, etc., the court below's punishment against the defendant is somewhat inappropriate, and it is argued that the defendant is included in the agreement made between the victim G, which includes the contents that the defendant's consent and E, the victim of the crime of insult is also included in the agreement made between the victim G, and therefore, it is recognized that the agreement is paid not only all the responsibility of the defendant for G and his family members, but also the agreement is accompanied by G's certificate of personal seal impression.