폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. The lower court found the Defendant guilty of violating the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) among the facts charged, and sentenced the Defendant to one year and six months, and dismissed the prosecution regarding the assault.
However, since only the Defendant appealed the part of the judgment of the court below as to the conviction and the part concerning the dismissal of public prosecution was not appealed by the prosecutor, the part concerning the dismissal of public prosecution among the judgment below became final and conclusive, and only the portion of the judgment of the court below
2. The summary of the grounds for appeal (e.g., imprisonment and six months) of the lower court’s sentence against the Defendant is too unreasonable.
3. Before the judgment on the grounds for appeal ex officio, the prosecutor examined ex officio prior to the judgment on the grounds for appeal, and the prosecutor applied for changes in the indictment with the contents that "violation of the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.)" from among the names of the crimes of this case as "special violence" and "Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act" changed the applicable provisions to "Articles 261 and 260(1) of the Criminal Act", and since the court permitted this, the judgment of the court below is no longer maintained.
4. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
[Dao-written judgment] The summary of the crime of this case and the defendant's summary of evidence is as stated in the judgment of the court below, except for the alteration of "violation of the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.)" in Section 2 of the judgment below as "special violence". Thus, Article 369 of the Criminal Procedure Act is the same.