폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
The prosecutor's appeal is dismissed.
1. The lower court dismissed the public prosecution as to each insult of the facts charged in the instant case, and sentenced the remainder of the facts charged, and appealed only to the prosecutor.
The judgment below
Since the dismissal of public prosecution is separated from the failure of both parties to appeal, the scope of inquiry of this court shall be limited to the conviction of the original judgment.
2. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended execution, one hundred and twenty hours of social service, confiscation) is too uneased and unreasonable.
3. Of the instant crime, the part of the Defendant committed the instant crime is not good in light of the method of crime and its risk that the Defendant damaged property and threatened another person by hand, which is a dangerous object, and that the Defendant committed the instant crime at the victim G farm because the Defendant committed the instant crime at the victim D’s entertainment tavern and was arrested as a flagrant offender, and several hours have not elapsed after the Defendant was released from the next day, and again committed the crime at the victim G farm.
However, all of the defendants recognize and reflect the crimes, the victims and the victims agree that they are not subject to punishment for the defendant, the defendant's motive for the crimes including no other criminal records except for the crimes of violation of the Road Traffic Act, the method and results of the crimes, various sentencing conditions such as the circumstances after the crimes, and the scope of recommendations according to the sentencing guidelines of the Supreme Court [Violation of the Punishment of Violence, etc. Act (collective, deadly Weapons, etc.)]: violent crime group, intimidation crime, four types (Habitual, Intimidation, Special Intimidation), mitigation range (Special Intimidation) - April 2 (Fraud): Imprisonment with prison labor, four months: Fraud group, general fraud, type 1 (less than KRW 100 million), mitigation area, imprisonment with prison labor, 1 year - January 3 [Violation of the Punishment of Violence, etc. Act]: Destruction of deadly Weapons, etc. Act.