폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
The judgment below
Part 1 and 2 of the judgment shall be reversed.
Defendant
The prosecutor's remaining appeals are all dismissed.
The grounds of appeal are examined.
1. As to the grounds of appeal by the defendant and the prosecutor on the first and second crimes in the judgment of the court below
A. The record reveals: (a) The Defendant was sentenced to a suspended sentence of six months on March 27, 2014 by imprisonment with prison labor for an injury, etc. at Daejeon District Court; and (b) the same year.
4.4. The facts that the above judgment became final and conclusive; (2) The defendant was prosecuted for carrying a deadly weapon as of April 2, 2014; (3) imprisonment with prison labor for five months and a fine for 600,000 won; (5) imprisonment with prison labor for carrying a deadly weapon as of April 2, 2014; (4) imprisonment with prison labor for not more than six months and a fine as of September 5, 2014; (5) violation of the Punishment of Minor Offenses Act as of October 6, 2014 (hereinafter referred to as “violation of the judgment below in the order”), and (3) violation of the Act on the Punishment of Minor Offenses as of April 5, 2014; and (4) the first instance court acquitted the defendant from the judgment of the court of first instance for not more than three years; and (5) The court below reversed the judgment of first instance for not more than six months as to the judgment of first instance; and (5) the defendant was not more guilty; and (3) the judgment of the judgment of the judgment of first instance.
B. However, in a case where several facts charged are found guilty and partly acquitted, or where several facts charged are sentenced to a separate crime because they are before and after a final judgment sentenced to imprisonment without prison labor or more severe punishment, or where several orders for judgment are rendered due to the determination of punishment, etc., part of the part included in the relevant one order may be appealed separately from other facts, and the part not appealed by both parties becomes final and conclusive separately. Thus, the part of the facts charged prior to the final and conclusive judgment shall be convicted and the part of the facts charged after the final and conclusive judgment shall be convicted.