폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
The Defendant asserts that the lower court’s punishment is too unreasonable as the grounds for appeal of this case are too unreasonable.
In full view of all the sentencing conditions shown in the records and arguments of this case and the fact that the defendant is the first offender, the victim does not want the punishment, and the defendant is in depth, the court below's punishment is too unreasonable.
Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act and the following is ruled again
Criminal facts
The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and thus, they shall be quoted by Article 369 of the Criminal Procedure Act
Application of Statutes
1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act concerning criminal facts, Article 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1,
1. Six months of imprisonment to be suspended;
1. Article 59 (1) of the Criminal Act (it shall be obvious that the circumstances before the opening of sentence are shown to the defendant, considering the reasons therefor);