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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, as stated in each of the facts charged in the instant case, has not threatened the victim by using a virtual or food knife, which is a dangerous object.
Nevertheless, the court below convicted the defendant of each of the facts charged in this case. The court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.
B. Not on the basis of unreasonable sentencing
Even if the court below's sentence (10 months of imprisonment) imposed on the defendant is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mistake of facts, the lower court can sufficiently recognize the Defendant’s crime of violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) as stated in each of the instant facts charged.
Therefore, the court below's decision that convicted the defendant of each of the facts charged in this case is just and acceptable, and it cannot be said that there was any error affecting the conclusion of the judgment by misunderstanding the facts as alleged by the defendant and his defense counsel. Thus, this part of the defendant and his defense counsel's allegation is without merit.
B. In light of the following: (a) the Defendant was sentenced to six months of imprisonment with prison labor on January 19, 201 by the Seoul Southern District Court on the part of January 10, 201; and (b) the Defendant committed each of the instant crimes during the period of repeated crime as well as the fact that he/she committed each of the instant crimes even though he/she was sufficiently convicted of each of the instant charges, as seen earlier, even if he/she was found guilty of each of the instant charges, it is reasonable to punish the Defendant with strict punishment.
On the other hand, however, the victim's wife against the defendant, and the defendant and F.