폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Nos. 4, 5 of seized evidence from the defendant.
1. Summary of grounds for appeal;
A. The two-year imprisonment sentenced by the lower court is too unreasonable.
B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.
2. We examine ex officio the grounds for appeal by the Defendant and the prosecutor prior to determining ex officio.
The court below applied Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act and Article 257(2) and Article 257(1) of the Criminal Act to the criminal facts in its judgment.
In this regard, Article 3(1) and Article 2(1)3 of the former Punishment of Violences, etc. Act, which provides that a person who committed an injury by carrying a deadly weapon or other dangerous object with a deadly weapon or other dangerous object as of January 6, 2016, shall be punished by imprisonment for a limited term of not less than three years, was deleted. This seems to be the revision of the Act based on reflective consideration that the previous sentencing was too serious, and thus, the Act on Punishment of Violences, etc. cannot be applied to the facts charged in this case, and the special injury crime (including special injury, including this part of the facts charged, and it is within the scope that can be recognized without any modification of the Act) under Article 258-2(1) of the Criminal Act, which was newly established with more minor punishment, shall be applied. In this regard, the judgment below becomes no longer upheld.
3. As such, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the error of sentencing by the defendant and the prosecutor, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of facts and evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Criminal facts;