폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
All the judgment of the court below, excluding the dismissed part of the prosecution, shall be reversed.
Defendant shall be punished by imprisonment for a period of eight months.
1. Summary of grounds for appeal;
A. The sentence of the lower court (unfair sentencing) (one year of imprisonment with prison labor, three years of suspended execution, and order to observe protection) is too unreasonable.
B. On April 24, 2012, the lower court found the Defendant not guilty of all charges of this part of the facts charged even though the Defendant, by misunderstanding the fact-finding on April 24, 2012, injured the victim’s fucks by fucks, and committed assault on December 3, 2014 by liding the victim’s head head at around the same time.
2) The lower court found the Defendant not guilty of this part of the facts charged, even though the Defendant had already received ad hoc measure order prohibiting access to the victim’s residence and workplace (D cafeteria) by assault against the victim on January 23, 2015, and on January 23, 2015, the lower court found the Defendant not guilty of this part of the facts charged, even though it constituted a crime of intrusion upon residence by opening a locked door of the D cafeteria during the said period and intrusion.
2. Determination
A. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor ex officio, the name of the crime among the facts charged in the instant case against the Defendant was examined by the prosecutor. The name of the crime in the instant case was changed to "a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) and a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)", and the applicable legal provision "a special injury or special assault" was applied to "Article 3 (1), Article 2 (1) 1, and 3 of the Punishment of Violences, etc. Act, and Articles 257 (1) and 260 (1) of the Criminal Act, "Article 258-2 (1), 257 (1), and 261 of the Criminal Act", and the court below's application for permission was partially changed to the extent that it had no longer been subject to the judgment of the court during the special act of assault on December 30, 2014.
However, notwithstanding the above reasons for reversal ex officio, the prosecutor's mistake of the facts, which is a special mistake on April 24, 2012, and the legal principles related to the crime of intrusion upon residence.