폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
seized knife knife (total length of 39cm, No. 1).
【Judgment on Grounds for Appeal】
1. The gist of the grounds for appeal is as follows: (a) the Defendant, while entering the victim’s house while carrying a deadly weapon, did not have the knife the knife prior to the notification of harm and injury; (b) so there was no commencement of the commission of intimidation (in fact or misunderstanding of legal principles); (c) the lower court’s punishment against the Defendant is too unreasonable.
2. Prior to the judgment on the grounds for appeal, the prosecutor examined ex officio prior to the judgment on the grounds for appeal, and the prosecutor changed the criminal facts of the defendant in the judgment of the court below [the judgment which is written in multiple ways] under paragraph (4) of the criminal facts of the court below, as stated in paragraph (4) of the same Article, and changed the term "Articles 6, 3(1), 2(1), and 2(1)1 of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act" in the applicable provisions to "Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act and Article 319 of the Criminal Act" to "Article 3(1) of the Punishment of Violences, etc. Act,
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and the judgment below is ruled as follows.
[Discied Judgment] The criminal facts and the summary of the evidence recognized by the court and the summary of the evidence are identical to the facts constituting the crime in the original judgment except for the alteration of Article 2 of the Criminal Procedure Act as follows. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
4. On January 5, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) is the knife length of the knife, which is an object of concern and risk of being respected by the Defendant to China, at the home of the Victim K, the Defendant: (a) prevents ordinary school victims from drinking F and the Defendant, who is his/her dependent; and (b) prevents ordinary school victims from drinking up to the Defendant; and (c) send F to China so as not