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The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
Although misunderstanding of facts and misunderstanding of legal principles (the violation of the Punishment of Violences, etc. Act (a collective violence, a deadly weapon, etc.) and violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violence, etc. Act (a collective violence, a deadly weapon, etc.) reversed the specific statement of damage after the agreement with the defendant, in light of the fact that the defendant made a statement that he/she had threatened or threatened him/her with his/her face as he/she citeds for beer's disease in the investigation process of this case, he/she recognized the fact that he/she used a beer's disease, which is the primary facts charged by the defendant, and threatened E, which is the ancillary facts charged
For the reason that it is difficult to deem that the primary facts charged have been actually used, the court dismissed the prosecution on the ground that there is insufficient evidence to support the actual use of dangerous articles for intimidation, and that there is no intention to punish the victim as to the assault part of the primary facts charged and the intimidation part of the primary facts charged. This judgment of the court below is erroneous in the misunderstanding of facts and misunderstanding of legal principles.
The punishment of the court below (the fine of five million won) imposed on the defendant is too uneasible and unfair.
Judgment
In light of the purpose of the Punishment of Violences Act and the purport of Article 3(1) thereof, the lower court’s judgment on the assertion of misunderstanding of facts and misapprehension of the legal doctrine refers to a case where a person who committed the crime by carrying a deadly weapon or other dangerous articles with intent to use them at the scene of the crime (see, e.g., Supreme Court Decision 90Do401, Apr. 24, 1990) carries a deadly weapon or other dangerous articles under Article 3(1) of the same Act, and the primary charged facts.