폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment of the court below is reversed.
The punishment of the accused shall be determined by two years and six months of imprisonment.
2.2 Manife knife knife knife
1. The main point of the grounds for appeal is that the lower court’s imprisonment (two years and six months of imprisonment, and confiscation) is too unreasonable.
2. Before the judgment on the grounds for appeal by the defendant ex officio, the crime of violation of the Road Traffic Act (driving without a license) and the crime of violation of the Road Traffic Act (driving without a license) among the crimes of paragraph (1) of the judgment in the judgment of the court below shall be sentenced to concurrent crimes under the former part of Article 37 of the Criminal Act, since the crimes of violation of the Road Traffic Act and the crime of violation of the Road Traffic Act among the crimes of paragraph (1) of the judgment are in a mutually competitive relationship, since there are differences in the subject of discipline, the scope of discipline, the form of conduct, and the legal interests protected by the law, etc., so the court below shall be sentenced to concurrent crimes under the former part of Article 37 of the Criminal
3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows through pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of a dangerous carrying bodily injury), Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Articles 14(1) and 136(1) of the Criminal Act, Articles 144(1) and 136(1) of the Road Traffic Act, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, Article 152 subparag. 1 and 43 of the Road Traffic Act, Article 46(2) of the Automobile Accident Compensation Guarantee Act.