폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (one year of imprisonment with prison labor, two years of suspended execution, and one hundred and sixty hours of community service order) declared by the court below is too unreasonable.
2. Each of the instant offenses is an unfavorable circumstance to the Defendant, such as: (a) the Defendant demanded that the Victim G (hereinafter “victim”) be suspended from construction on the side of the medical care center that the Defendant newly constructed a riding club and caused interference with the operation of the said medical care center; (b) however, (c) the Defendant’s refusal to do so; (d) the 3.6 liter of gasoline, which is a dangerous object, dusted from the body of the Defendant and the victim; and (e) intimidation the victim as if he were the body of the Defendant and the victim; and (e) interfere with the victim’s construction work on the riding club by force as such, the crime and the matter are not negligible; and (e) the Defendant did not agree with the victim until the trial.
However, in full view of all the circumstances that are conditions for sentencing and arguments as shown in the records and arguments, including the fact that the defendant was employed by K and operated the above medical care center, the defendant did not have the same criminal records, the defendant deposited 1 million won for the victim, the defendant led to confession and reflect, the defendant's character, conduct and environment, the circumstances and results of each of the crimes of this case, and the circumstances after the commission of the crime, etc., the punishment imposed by the court below is somewhat unreasonable. Thus, the above argument by the defendant is justified.
3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.
Criminal facts
The summary of the facts charged and the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
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