폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.
The defendant of the grounds for appeal did not submit a written reason for appeal within the statutory period.
On September 25, 2015, the Defendant filed an appeal against the lower court on September 25, 2015, and received a notice of receipt of the record of trial from this court on October 20, 2015, but failed to submit a statement of reasons for appeal within 20 days from the submission period for legitimate reasons for appeal, and the petition of appeal does not contain any reasons for appeal (Provided, That the Defendant was present at the first trial date of the lower court and stated that the reasons for appeal is misunderstanding legal principles and sentencing are unfair). However, in the application of the law, the Defendant’s “violation of the Punishment of Violences, etc. Act (a collective weapon, etc.)” in the name of the offense against the Defendant at the trial court, “special assault” (Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act (Article 261 and Article 260(1) of the Criminal Act) was amended to the effect that each court modified the amendment of the indictment.”
In conclusion, the defendant's appeal shall be dismissed by a ruling pursuant to Article 361-4 (1) of the Criminal Procedure Act on the grounds that the defendant's appeal was not submitted within the statutory period for the reason that it was not submitted. However, the judgment of the court below is reversed in accordance with the proviso of Article 361-4 (1) and Article 364 (2) of the Criminal Procedure Act on the grounds that the court below's appeal is reversed and it is again decided as follows.
Criminal facts
The summary of the evidence and the facts charged by the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 261 of the Criminal Act, Articles 260 (1) and 260 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is committed against the injured party.