폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Sexual assault against the defendant for 40 hours.
1. The sentence of one and a half years of imprisonment imposed by the court below on the summary of the reasons for appeal is too unreasonable.
2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.
The lower court applied Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act to the criminal facts under Article 3(2) of the lower judgment.
In this regard, Article 3(1) and Article 2(1)3 of the former Punishment of Violences, etc. Act, which provides that the punishment of a person who commits an injury by carrying a deadly weapon or other dangerous object as a consequence of the promulgation and enforcement of the Act by Act No. 13718, Jan. 6, 2016, was deleted, and Article 3(1) and Article 2(1)3 of the former Punishment of Violences, etc. Act are deemed to be an amendment of the Act based on reflective consideration that the previous sentencing was too serious, and thus, the Act on Punishment of Violences, etc. cannot be applied to the above facts charged, and the special crime of injury (including special injury, including this part of the facts charged, and to the extent that it can be recognized without modification of the Act) under Article 258-2(1) of the Criminal Act newly established shall be applied.
Therefore, the judgment of the court below on the special injury portion cannot be maintained, and this part of the facts charged and the remainder of the facts charged are concurrent crimes under the former part of Article 37 of the Criminal Code, and thus, one punishment should be sentenced. Thus, the judgment of the court below cannot be maintained any more.
3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment of the court below is reversed, and it is again decided after pleading as follows.
Criminal facts
The summary of the facts constituting the crime and the evidence recognized by the court shall be set forth in Paragraph 2 of the judgment of the court below among the facts constituting the crime.