폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (eight months of imprisonment) is too unhued and unreasonable.
2. The crime of this case committed by the Defendant is an unfavorable circumstance to the Defendant, such as the fact that the Defendant carried a dangerous article, threatened victims, damaged the glass, and the nature of the crime is not good. The Defendant had been punished more than 12 times due to a violent crime, and the Defendant committed the crime of this case at the time when he became aware of the non-discharge of release and the first month.
However, considering various sentencing conditions, such as the Defendant’s age, sex, environment, background leading up to the crime, method and method of the crime, etc., the punishment imposed by the lower court is too unfeasible and unfair, in light of the following factors: (a) the Defendant’s confession of the instant crime was against the mistake; (b) the victims and the victims were under mutual consent; and (c) the Defendant suffers from a bad mental illness; and (d) the Defendant’s age, sex, environment, and circumstances after the crime was committed.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.