폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The prosecutor's appeal is dismissed.
1. Summary of grounds for appeal;
A. The telephone line used by the Defendant constitutes a “hazardous object” under the misunderstanding of facts and misunderstanding of legal principles.
B. The lower court’s sentence of unfair sentencing (two years of suspended sentence for one year of imprisonment) is too uneased and unreasonable.
2. Determination
A. (1) The lower court acquitted the Defendant of this part of the facts charged on the ground that: (a) in light of the fact that the “hazardous goods” under Article 3(1) of the Punishment of Violences, etc. Act is premised on the objective risk of the goods themselves; and (b) penal provisions should be strictly interpreted and applied in accordance with the language and text, in order to constitute “hazardous goods” under the above Act, there must be “inhuman danger” in light of the material quality, shape, weight, etc. of the goods; and (b) telephone lines cannot be deemed to have “inhuman danger” of the goods themselves.
(2) In addition to the fact that the judgment of the court below is closely examined in comparison with the evidence records, and that the language and text of the above law itself is "hazardous goods" and does not constitute "goods used in danger", and that penal provisions should be strictly interpreted and applied in accordance with the language and text, and that they should not be excessively expanded or analogically interpreted in the direction unfavorable to the defendant in accordance with the principle of no punishment without law, the judgment of the court below is acceptable, and there is no error of misunderstanding of legal principles.
B. The Defendant’s judgment on the assertion of unfair sentencing is subject to criticism that the Defendant committed an injury by cutting down the victim’s title by telephone line and assaulting the victim.
However, there are circumstances such as the fact that the defendant recognized his mistake and reflects it, that the court below agreed with the victim, that the victim's injury is not much serious, that there is no other criminal record except for the case of fine and one time.