폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment below
The part of the violation of the Punishment of Violences, etc. Act (a group deadly weapon, etc.) shall be reversed, and this part shall be reversed.
1. (1) Determination ex officio on the part of the lower judgment on the violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) (1) In the event that the evaluation of the past acts committed as a crime was changed due to the change of the legal ideology that served as the reason for the enactment of penal statutes, and the recognition and punishment itself was unfair, or where the Acts and subordinate statutes were amended or amended in light of the anti-sexual record that the defendant committed an excessive punishment, the new law shall be applied pursuant to Article 1(2) of the Criminal Act (see Supreme Court Decisions 2009Do12930, Mar. 11, 2010; 2013Do4862, 2013Do1010, Jul. 11, 2013). (2) According to the reasoning of the lower judgment, the lower court found the Defendant guilty of having carried dangerous goods of the instant facts charged to the victim, and by applying Article 15(1)3 of the former Punishment of Violences, etc. Act (amended by Act No.).
(3) Article 3(1) of the former Punishment of Violences Act provides that “A person who commits a crime under any of the subparagraphs of Article 2(1) by force of an organization or group, or by showing a power under the pretending to an organization or group, or who commits such crime by carrying a deadly weapon or other dangerous articles, shall be punished in accordance with any of the subparagraphs of Article 2(1).
"A person who habitually commits any of the following offenses" in Article 2 (1) shall be punished in accordance with the following classifications:
Article 257(1)(Bodily Injury) of the Criminal Act and Article 257(2)(Bodily Injury) of the Criminal Act provide that “A person shall be punished by imprisonment with prison labor for not less than three years.”
Accordingly, Article 3(1) of the Punishment of Violences, etc. Act, which was enforced by Act No. 13718 on January 6, 2016, has been deleted, and Article 258-2 (special injury) of the Criminal Act, which was enforced by Act No. 13719 on the same day, has been newly established, and Article 258-2 (Special Injury) of the Criminal Act has been newly established.