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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
The seized kitchen shall be confiscated by one kitchen (No. 1).
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months and forfeiture) by the lower court is deemed to be too uneasible and unfair.
2. The Defendant recognized and reflected his mistake, and agreed with the victims.
However, the Defendant saw the victims at several times, taken the victims of the portable butane gas breath, and taken a picture into one’s own arms by taking gas from other butane gas breaths, breathing the gas, and breathing the kitchen on the part of the latter, and threatened the victims.
Although the criminal law of the defendant was very dangerous, the defendant did not directly threaten victims with kitchen knicks, it was a situation in which the general public could cause considerable fear if the above series of processes were taken.
The defendant has a record of criminal punishment for 17 times including seven times of imprisonment with prison labor (two times of suspension of execution), including murdering and attempted murdering, and in particular, the execution of imprisonment with prison labor has been completed due to the act of threatening other persons in the kitchen or the like in this case, and has committed the crime of this case during the period of repeated crime.
In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense, and the circumstances after the offense, etc., the sentence imposed by the lower court is too unreasonable.
3. Since the appeal by the prosecutor of the conclusion 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
[Discied Reasons for the Judgment] Criminal facts and summary of evidence recognized by this Court and summary of evidence are as stated in the corresponding columns of the judgment of the court below.
(Article 369 of the Criminal Procedure Act). Application of law
1. Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of penalty;