폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
The judgment of the court below is reversed.
The punishment of the accused shall be determined by six months of imprisonment.
However, from the final date of this judgment.
1. The summary of the grounds for appeal (two years of suspended sentence for one year of imprisonment, two years of probation, and 120 hours of community service order) of the lower court is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor filed an application for changes in the indictment with the purport that "the violation of the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.)" is "special assault" and "Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act" is "Articles 261 and 260 (1) of the Criminal Act" as "Article 261 and Article 260 (1) of the Criminal Act," and the judgment of the court below cannot be maintained further in this regard, since
3. 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, on the grounds of ex officio reversal as seen above, and it is again decided as follows.
Criminal facts
The summary of facts constituting the offense and evidence recognized by the court as described in this Court shall be as shown in the corresponding columns of the original judgment.
(Article 369 of the Criminal Procedure Act). Application of law
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act which choose a penalty;
1. Article 62 (1) of the Criminal Act;
1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is committed in favor of others, such as: (a) the Defendant committed the crime of this case on the part of the victim who obstructed the vehicle, and is highly dangerous to commit the crime; (b) on the other hand, the Defendant recognized his mistake in the trial at the same time; (c) the Defendant did not have any criminal record exceeding the same criminal record and fine; and (d) the Defendant did not suffer any injury; and (d) various kinds of punishment shown in the argument of this case, such as the background of the crime