폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (limited to imprisonment for eight months, one year of suspended sentence, one year of community service work, and confiscation) declared by the court below is too unfasible and unreasonable.
2. The crime of this case cited knife, which is a dangerous object prepared in advance, and by finding out the house of a female victim during the night, is not good for the crime to be committed, and accordingly, the victim seems to have flicked a considerable fear of fear, and the fact that the victim did not reach an agreement with the victim is disadvantageous to the defendant.
However, in full view of the following factors: (a) the Defendant was the first offender without any previous conviction; and (b) the Defendant’s act of this case was committed with respect to which the Defendant thought that the Defendant had been committed with respect to the entirety of the Defendant and the Defendant, and there are some other circumstances to be taken into account in the motive for the Defendant to have committed an contingent act with respect to which the Defendant was committed with respect to his mind; and (c) the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and all the sentencing conditions in the instant records and pleadings,
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.