All parts of the judgment of the court below of first instance and the judgment of the court of second instance concerning the first and second crimes shall be reversed.

Defendant 1.

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts (1) : The first instance judgment cannot be viewed as a dangerous object that is likely to be used for an offense provided for in the Punishment of Violences, etc. Act.

At the time of the instant case, there was a justifiable reason to carry a brupt, because the Defendant carried a brupt with a brupt at the time of the instant case.

② A crime of Article 2 (1) of the judgment of the court below: The defendant, at his own room, was a deceased person, and there was no intimidation against E.

③ A crime No. 2 as indicated in the judgment of the court below: A defendant does not have any fact that he met F on April 6, 2015, and there is no fact that he threatened F in knife on other dates.

(4) Crimes No. 3 of the judgment of the court below in the second instance: The defendant has no fact of threatening I by taking the kacker's knife.

(2) The sentence of the lower court (No. 1: imprisonment of February and 2: imprisonment of the lower court: exemption of punishment and imprisonment of six months) is too unreasonable.

B. The Prosecutor’s 2nd sentence is too uneasible and unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

The judgment of the court of first instance and the judgment of the court of second instance, each of which was pronounced, the defendant filed an appeal against them, and this court decided to hold a joint hearing of the above two appeals cases.

However, since the first and second crimes of the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced pursuant to Article 38(1) of the Criminal Act, so the part concerning the first and second crimes of the judgment of the court of first instance as stated in the judgment of the court of second instance cannot be maintained as they are.

In addition, according to the records of this case, on October 23, 2014, the defendant was sentenced to a suspended sentence of three years on August 28, 2015 and the judgment became final and conclusive on August 28, 2015 due to a violation of the Punishment of Violences, etc. Act (a crime of violence against groups, deadly weapons, etc.) at the Seoul Western District Court (Seoul Western District Court).