Text
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment with prison labor for one and half years;
3.Provided, That this judgment has become final and conclusive.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence imposed by the court below (two years and six months of imprisonment, four years of probation, observation of protection, community service work 120 hours) is too unreasonable.
2. In relation to the attacking of carrying dangerous articles among the facts charged in the instant case at the trial of the court, the prosecutor applied the applicable law to “special attack” as “Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act, and Article 350(1) of the Criminal Act,” respectively, to “Articles 350-2 and 350(1) of the Criminal Act,” and “Article 350(1) of the Criminal Act.”
The judgment of the court below is no longer maintained as the subject of the judgment was changed by this court's permission.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.
【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 350-2 of the Criminal Act and Articles 350-2 and 350 (1) of the Criminal Act (a points where dangerous articles are carried) concerning facts constituting an offense, and Article 350 (1) of the Criminal Act (a point of conflict, a choice of imprisonment with labor);
1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The crime of this case on the grounds of sentencing under Article 62-2(1) of the Social Service Order Criminal Act is committed by assault and intimidation several times as a means of aiding and abetting money by living together with the victim who had a relation with him/her, and during that process, dangerous things such as clothes, pipes, knife, etc.