폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
2.2.2.2.2.2.22.2.22.22.22.31 1.22.22.22
Judgment ex officio
A. In the trial of the court, the prosecutor applied the "Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" to "special intimidation" among the names of the crimes against the defendant, and "Articles 3 (1), 2 (1) 1, and 283 (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" to "Article 283 of the Criminal Act" was changed to the subject of the judgment by this court. This part is related to the remaining criminal facts in the judgment of the court below and the concurrent crimes in the former part of Article 37 of the Criminal Act, and thus, the judgment of the court below cannot be maintained any more in this respect.
B. On the other hand, the prosecutor, while keeping the fact of the injury caused by confinement, which was found not guilty, in the judgment of the court below among the facts charged in this case, applied the name of the conjunctive crime as “ confinement” and “injury”, and applied the applicable provisions of the law as “Article 276(1) of each Criminal Act and Article 257(1) of the Criminal Act”, applied the facts charged to the effect that it added them to the same content as the facts charged in the facts charged in Article 9 of the judgment of the court below, and the subject of the judgment was changed by the court permission.
As seen later, the appeal against the primary facts charged by the prosecutor is without merit, and the ancillary facts added by the amendment of a bill of indictment are found guilty, which is one of the concurrent crimes under the former part of Article 37 of the Criminal Act and the remaining facts charged by the court below found guilty. As such, the judgment of the court below can no longer be maintained in this respect (the court below found that the facts charged against confinement and bodily injury are included in the facts charged, and it does not seem that there is no concern about any substantial disadvantage to the defendant's exercise of his right to defense, and recognized the crime of confinement and bodily injury without the amendment of the indictment.