폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The gist of the grounds for appeal asserts that the punishment imposed by the lower court (eight months of imprisonment) is too unreasonable.
2. The instant crime was committed by the Defendant with a shoulderer who is a dangerous object and threatened the victims. The Defendant committed the instant crime even though he was a repeated crime due to the violation of the Road Traffic Act (unlicensed Driving) in the judgment, and the Defendant committed the instant crime at the same time, and the Defendant was punished several times for various crimes, such as embezzlement, violation of the Road Traffic Act, violation of the Punishment of Violences, etc. Act, violation of the Punishment of Violences, etc. Act, and the crime of injury. In light of the above,
However, in light of various circumstances, such as the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, circumstances after the crime, etc., the sentence imposed by the court below is somewhat unreasonable, taking into account the following circumstances: (a) the defendant's mistake was recognized and reflected in the trial; (b) the victims did not want the punishment of the defendant; and (c) the victim F was under the influence of the occurrence of the instant case's breath by telephone to the defendant; and (d) the fact that there is a family member to support the defendant; and (e) the defendant's age, character and behavior, the circumstances after the crime were committed.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.
[C] The judgment of the court below is the same as the judgment of the court below in addition to adding "the defendant's oral statement in court" to the first head column of the evidence's summary of the crime and the summary of the evidence as stated in the corresponding column of the court below.
(Article 369 of the Criminal Procedure Act). Application of law
1. Article 3 (1) and Article 3 of the Punishment of Violences, etc. Act concerning the facts constituting an offense;