폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Defendant
All appeals by prosecutors are dismissed.
1. Judgment on the prosecutor's appeal
A. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (2 million won in penalty amount) is too unfluent and unreasonable.
B. Determination 1) The defendant did not appear to have an attitude to deny and reflect the crime of this case with an unperficiencies defense, and the legal attitude is not good.
2) However, in full view of the following circumstances: (a) the degree of injury suffered by the victims due to the Defendant’s crime appears not to be serious; (b) the degree of injury suffered by the Defendant due to the assault by the victims who are co-defendants of the lower judgment is not less severe; (c) the Defendant was in the past ten years without any particular criminal record; and (d) the remainder of the Defendant determined that the Defendant was placed at the time of committing the instant crime, which appears to have been using the deadly weapons; (d) there is no special change in circumstances after the pronouncement of the lower judgment; and (e) other circumstances that form the conditions for the sentencing specified in the instant pleadings, such as the Defendant’s age, background of the crime, and circumstances after the crime, the lower court’s punishment is appropriate,
Therefore, the prosecutor's above assertion is without merit.
(c)
Therefore, the prosecutor's above assertion is without merit.
2. The Defendant alleged that the facts were erroneous on the date of the first trial at the trial of the first instance at the trial of the court below. However, the above argument cannot be a legitimate ground for appeal since it was filed after the lapse of the period for filing the appeal, and even if ex officio, the evidence duly adopted and examined by the court below is comprehensively examined, the Defendant committed a crime in the judgment of the court below.
full recognition may be accepted.
3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.