폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
provided that this ruling has become final and conclusive.
1. The lower court found the Defendant guilty of violating the Punishment of Violences, etc. Act (a collective crime, deadly weapon, etc.), among the facts charged, sentenced the Defendant to eight months of imprisonment and two years of suspended execution, and dismissed the prosecution regarding the act of assault.
However, since only the defendant appealed against the guilty portion of the judgment below and the prosecutor did not appeal against the dismissed portion, the dismissed portion of the judgment below became final and conclusive, and only the convicted portion of the judgment below, excluding the dismissed portion, is subject to the judgment of this court.
2. Summary of grounds for appeal;
A. misunderstanding of facts 1) Although the Defendant was at the time of the victim’s her tamp, there is no fact that the victim was her tamp, or he was her on the part of the victim D due to her tamp, due to her tamp, and there is no fact that the victim was her tamper in the process of raising the victims who are children. 2) The crime is not established because the victims were her boom
B. The sentence imposed by the lower court on the Defendant (eight months of imprisonment, two years of suspended execution, two years of probation) 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"Articles 261 and 260(1) of the Criminal Act", and since the court permitted this, the judgment of the court below is no longer maintained.
However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court.
4. Judgment on the defendant's assertion of mistake of facts
(a) The spawn of the victim D’s spawn or spawn by spawn;