폭력행위등처벌에관한법률위반(집단ㆍ흉기등감금)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for a period of three years from the date this judgment becomes final and conclusive.
1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. The grounds for appeal by the defendant ex officio are examined ex officio prior to the judgment.
According to the records of this case, the prosecutor applied the law to "special confinement" from "violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" to "special confinement", and applied law to "Article 278 and 276 (1) of the Punishment of Violences, etc. Act" to "Article 278 and 276 (1) of the Criminal Act" to "Article 278 of the Criminal Act and Article 276 (1) of the Criminal Act". Since this court permitted this, the judgment of the court below can no longer be maintained.
3. If so, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is again ruled as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are all the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions of the Criminal Act and Article 319 (1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), Articles 284, 283 (1) (the special intimidation, the choice of imprisonment), Articles 261, 260 (1) (the point of special assault, the choice of imprisonment with prison labor) of the Criminal Act, Articles 278 and 276 (1) (the selection of punishment) of the Criminal Act concerning the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):
1. The observation of protection and the community service order under Article 62-2 (1) of the Criminal Act;
1. The nature of the crime is extremely dangerous in that the method of the crime is committed, such as assaulting and threatening the victim, and detaining the victim for more than 20 minutes, while possessing a knife, which is a dangerous object, for the reason of sentencing under Article 48(1)1 of the Criminal Act.
(b).