폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds for an ex officio appeal, the Prosecutor applied for changes in the name of the crime to “special injury” under Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act” under the applicable law, “Article 258-2 and Article 257(1) of the Criminal Act” respectively. Since this court permitted this and thereby changed the subject matter of the judgment, the judgment of the court below cannot be maintained.
3. If so, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's appeal, and the judgment below is reversed and it is again decided as follows.
[Re-written judgment] The facts constituting an offense and the summary of evidence recognized by the court are all identical to the facts stated in the corresponding column of the judgment below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning facts constituting an offense, Articles 258-2 and 257 (1) of the Criminal Act (the occupation of carrying or injuring dangerous articles) and the choice of imprisonment under Article 366 of the Criminal Act;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The reason for sentencing under Article 62(1) of the Criminal Act ( Taking into account the favorable circumstances among the reasons for sentencing) is that the instant crime is a very dangerous act, which is when the face and head of a person is taken with dangerous objects of metal nature, the damage is not negligible, and the Defendant has a number of criminal records of the same kind, which are disadvantageous to the Defendant.
On the other hand, the defendant has committed contingent crimes and recognized crimes.