폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) is unreasonable as it is so far as the sentence imposed on the Defendant (one year of imprisonment, two years of suspended sentence, observation of protection, and community service order 120 hours) by the lower court is too unhued.
2. We examine ex officio the grounds for appeal by the prosecutor ex officio.
In the first instance trial, the prosecutor applied Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act to “Article 284 and Article 283(1) of the Criminal Act” as “Special Intimidation” among the names of the crimes (a group, deadly weapons, etc.) and “Article 3(1), Article 2(1)1 of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act” were amended to “Article 284 and Article 283(1) of the Criminal Act,” respectively, and the subject of the judgment was changed by this court.
In this regard, the lower court deemed the above crime and the remaining crimes in the judgment of the lower court as concurrent crimes under the former part of Article 37 of the Criminal Act and sentenced a single punishment.
Therefore, the judgment of the court below is no longer maintained.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court is as follows: (a) except for the violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) No. 1 committed on the second page of the judgment of the court below (collectively, deadly weapons, etc.) as '1. Special Intimidation 1., it is identical to each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369
Application of Statutes
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 284, 283(1) (special intimidation, choice of imprisonment), Article 136(1) (the fact that interferes with the performance of official duties, choice of imprisonment), Articles 262, 260(1), and 257(1) (the fact that the person injured by assault, the fact that the person was sentenced to imprisonment, and the choice of punishment) of the Criminal Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Article 37 of the Aggravation of Concurrent Crimes Act.