폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two months of imprisonment and two years of suspended execution) is too unhued and unfair.
2. The judgment of the court below was based on the following factors: the defendant experienced a dispute with the victim due to noise between floors; the defendant, at the time of the crime of this case, was viewed as the victim's house in order to resist the noise of the above floor, causing a sudden interest in the crime of this case; and the defendant did not have any record of punishment for the same kind of crime; however, in light of the defendant's threat of the victim by taking into account the following circumstances: (a) the crime liability is not easy; (b) the defendant did not agree with the victim; and (c) the criminal punishment for other crimes similar to the crime of this case is not equal to the crime of this case; and (d) the defendant's age, character and conduct, circumstances after the crime of this case, etc., and all the conditions of sentencing as shown in the records and arguments, the sentence of the court below is deemed unfair.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;
2. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of circumstances favorable to the reason for reversal);
3. Article 62 (1) of the Criminal Act on the suspension of execution (The consideration for repeated circumstances favorable to the reasons for reversal); and
4. Probation of the Criminal Act;