폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal is as follows: (a) at the investigative agency and the court of the court below, the victim C, “The defendant found the victim’s house and had a small knife, threatened the victim with a large knife, brought a large knife and threatened with the victim’s clothes and clothes.” (b) On the other hand, the police as to the existence of the defendant’s knife at the time, and the prosecutor’s office and the court of the court below’s trial as to the existence of the defendant’s statements continuously reversed the defendant’s knife and eventually lacks credibility; (c) according to the evidence duly adopted and duly examined by the court of the court below; (d) in particular, at the investigative agency of the victim C and the court of the court of the court below, the defendant found the victim’s body and the victim’s knife with the victim’s knife at around 2009, and tried the victim’s body and the victim’s body.”
2. Prior to the judgment on the grounds of appeal by the prosecutor ex officio, the prosecutor applied for changes in the name of the crime against the defendant, applicable provisions of the law, and charges in the trial of the case, and the subject of the judgment was changed by this court's permission. Thus, the judgment of the court below is no longer maintained.
3. Accordingly, the judgment of the court below is without examining the grounds for appeal by the prosecutor, since the above grounds for reversal are ex officio.