폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속협박)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below on the defendant is too unhued and unfair.
2. In the trial of the party, the ex officio judgment prosecutor applied the law to change the name of the crime against the defendant to "a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" and the applicable law to "Article 3 (1), 2 (1) 1, and Article 283 (2) of the Punishment of Violences, etc. Act" and "Article 284 of the Criminal Act and Article 283 (2) of the Criminal Act" respectively, and the court applied for changes in the indictment to "Article 284 of the Criminal Act and Article 283 (2) of the Criminal Act" and the judgment of the court below cannot be maintained as it is because the court permitted changes.
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 284 of the Criminal Act; Article 283 of the Criminal Act; Article 283 (2) of the Criminal Act; Article 257 (1) of the Criminal Act; and Article 257 of the Criminal Act’s choice of imprisonment with labor;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):
1. Article 62-2 of the Criminal Act on the observation of protection;
1. The reason for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act recognizes all of the crimes of this case, there is no record of punishment for the same kind of crime, deposit of KRW 5 million for victims, and detention for about one month or more due to the crime of this case, and payment of half time.
The fact that the statement is made is favorable to the defendant.
On the other hand, however, this is.