폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
All appeals by the defendant and the prosecutor are dismissed.
1. As to the summary of the grounds for appeal (unfair sentencing) by the lower court (two months of imprisonment and two years of suspended sentence), the Defendant asserts that the prosecutor is too unfasible and unfair.
2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime; (b) the victim and the horse dispute were likely to arise due to the sales of the building; (c) the victim G was deposited with each other in order to recover damage; and (d) the victim H appears to be relatively minor; and (c) the degree of injury suffered by the victim H appears to be relatively minor.
On the other hand, the crime of this case is a case in which the defendant threatened the victim G with the kitchen knife, which is a dangerous thing, and the victim H caused a brue studal in need of approximately two weeks of medical treatment, and the nature of the crime is not easy. The defendant committed the crime of this case even if he had been subject to criminal punishment twice even before the crime of this case, and the defendant did not reach a complete agreement with the victims until the case of the same kind of crime.
In full view of the above circumstances and other factors of the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the lower court’s punishment is too heavy or is deemed unfair, and thus, the Defendant and the Prosecutor’s assertion are without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.