폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal is unreasonable as the punishment (two months of imprisonment and two years of suspended execution) of the lower judgment is too unfied.
2. According to the proviso of Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and Article 19(1) of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings ex officio prior to the determination of the prosecutor’s assertion, in cases of a case that constitutes death penalty or imprisonment with or without labor for an indefinite term or for an indefinite term of more than ten years, the defendant may not be tried without
I would like to say.
However, according to the records, since the crime of this case is a crime falling under Article 3 (1) of the Punishment of Violences, etc. Act and its statutory punishment is imprisonment with prison labor for more than one year, this case constitutes imprisonment with prison labor for more than ten years, the court below can find the fact that the court below sentenced the judgment on April 24, 2014 by serving the defendant by service and proceeding the trial date without the defendant's attendance after serving the service by public notice. According to the above facts of recognition, the court below erred by violating the proviso of Article 23 of the Act on Special Cases
In this respect, the judgment of the court below cannot avoid reversal.
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is delivered as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (including the degree of violence and the fact that the victim does not want the punishment of the defendant).