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.
1. Summary of grounds for appeal;
A. The act of misunderstanding of facts and misapprehension of legal principles (the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) does not directly contact the victim's body, and the act of using violent language, taking abusive language, taking a bath, or displaying or taking things at the same time close to the victim's body may constitute assault. The time when the crime of assault was commenced is when the perpetrator directly commences the exercise of tangible power that harms the personality of another person with his/her intent of assault.
Therefore, the defendant's act of brooms and steel brooms, which are dangerous articles, and the act of brooms and steel brooms to brooms to the victim's brooms to boom the victim's body constitutes an act in violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.).
B. The sentence of the lower court’s unfair sentencing (one year and six months of imprisonment) is too uneased and unreasonable.
2. Ex officio a public prosecutor: (1) at the trial of the party, the second-class of the facts charged.
A. (2) In relation to paragraph (2), “A” special intimidation, such as violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” by the name of the crime, “Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act, and Article 283(1) of the Criminal Act,” of the applicable law, “Articles 284 and 283(1) of the Criminal Act,” and Article 2-2 of the facts charged.
A. (2) A. 5 to 7 acts consisting of the "victims".
In this respect, the defendant carried dangerous objects and assaulted the victim.
The victim threatened the victim by showing the attitude that “the victim seems to be at the time.”
Accordingly, the defendant carried dangerous objects and threatened the victim.
Article 25 of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) is amended to “a special injury,” respectively, and Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act are amended to “Article 258-2(1) and Article 257(1) of the Criminal Act,” respectively.