폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than five months.
A seized camping net (Evidence No. 1) shall be confiscated.
Summary of Grounds for Appeal
The sentence of imprisonment (six months of imprisonment, confiscation) imposed by the court below against the defendant is too unreasonable.
We examine ex officio the judgment on the grounds for appeal ex officio.
In the trial, the prosecutor applied for changes in the indictment of the facts charged to "Violation of the Punishment of Violences, etc. Act (collectively, Deadly Weapons, etc.)" and "Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act" respectively. The prosecutor applied for changes in the indictment of the facts charged to "Articles 284 and 283 (1) of the Criminal Act". The court permitted the changes in the subject of the judgment.
Therefore, the judgment of the court below cannot be maintained any more.
Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed and it is again decided as follows.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The grounds for sentencing under Article 48(1) of the Confiscation Criminal Act include: (a) the fact that the defendant acknowledges and reflects the crime; and (b) the fact that the victims and the defendant agreed smoothly is favorable to the sentencing; and (c) the fact that the defendant has a majority of violent criminal records; and (d) the fact that the defendant committed another crime during the suspension period
In this context, the sentencing conditions, such as the defendant's age, environment, details and means of the crime, and circumstances after the crime, shall be determined as per the order.