폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.
2. A prosecutor makes an ex officio decision (revision of indictment) with regard to the defendant's violation of the Punishment of Violences, etc. Act (violation of the Act on the Punishment of Violences, etc.) as "special intimidation" in the name of the defendant, and in the applicable law, "Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act" were applied to change "Article 284 and Article 283 (1) of the Criminal Act" to "Article 284 of the Criminal Act, and Article 283 (1) of the Criminal Act" in the applicable law, and this court permitted this, thereby changing the subject of the judgment, and the remaining criminal facts have to be sentenced to a single sentence in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the entire judgment of the court below should no longer be upheld and reversed.
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 unfair argument of sentencing, and the following is again decided after pleading.
[Re-written judgment] The criminal facts acknowledged by the court and the summary of the evidence are identical to each corresponding column of the judgment of the court of first instance, except for the alteration of the "violation of the Punishment of Violences, etc. Act (collectively weapon, etc.)" to "special intimidation" under Article 369 of the Criminal Procedure Act. Thus, it is acceptable as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on the Punishment of Violences, etc. against Criminal Facts, Article 7 (Carrying of Dangerous Articles), Articles 284 and 283 (1) (a) of the Criminal Act, and the choice of imprisonment with prison labor;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are to be taken into account in favor of the Defendant who led to the confession of and reflect against the offense, and the Defendant has been punished several times for the same offense.