폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The Constitutional Court made a decision of unconstitutionality as to Article 3(1) of the Punishment of Violences, etc. Act in the summary of the prosecutor's grounds for appeal. The judgment of the court below that applied it constitutes a violation of Acts affecting the conclusion of the judgment, and thus, appeal shall be filed for the benefit of
2. Upon ex officio determination, the prosecutor: (a) applied the applicable law to “special intimidation” from “violation of the Punishment of Violences, etc. Act (a collective weapon, etc.)” to “Special Intimidation”; and (b) applied law to “Article 3(1), 2(1)1, and Article 283(1) of the Criminal Act” to “Article 284 and Article 283(1) of the Criminal Act” to “Article 283(1) of the Criminal Act”; (c) the court applied for amendment of a bill of amendment to the Criminal Act to “Article 284 and Article 283(1) of the Criminal Act; and (d) the subject of the judgment changed by this court to be tried.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's grounds for appeal on the grounds of appeal on the grounds of the above ex officio reversal, and the judgment below is reversed, and it is again decided as follows after pleading.
【Re-written judgment】 The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 284 of the Criminal Act, Articles 283(1) and 283 of the Criminal Act, the choice of fines concerning the crime, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has a depth of misunderstanding, 200,000 won of fine due to the violation of the Road Traffic Act in 1998, 200,000 won of fine due to violent crimes in 2001, there is no history of any particular criminal punishment except for punishment of a fine of two million won, and the victim accepted the death department with a strong mind and reached a smooth agreement with the defendant.