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.
except that, for two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.
Seized stolen property, the reason for return to a victim of which is apparent, shall be sentenced to return to a victim by judgment (Article 333(1) of the Criminal Procedure Act), and when articles provided or intended to be provided for a criminal act, articles produced by or acquired by such criminal act, or articles acquired by such person are not owned by a person other than the criminal, or they are knowingly acquired by a person other than the criminal after the crime is committed, such articles may be confiscated.
(Article 48(1) of the Criminal Act. The record reveals that one electric line (No. 3) seized is owned by the victim (the steam record No. 8 pages) and the victim does not seem to have renounced its ownership. Therefore, the court shall render a ruling to return it to the victim pursuant to Article 333(1) of the Criminal Procedure Act.
Nevertheless, the court below erred by misapprehending the legal principles as to confiscation, which affected the conclusion of the judgment, since the above confiscated articles are confiscated from the defendant.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and it is so decided as follows.
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 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 relevant Act on the Punishment of Violences, etc. against Criminal Crimes; Article 257(1) of the Criminal Act (the occupation of dangerous articles and the possession of dangerous weapons); Articles 3(1) and 2(1)2 of the Punishment of Violences, etc. Act; Articles 2(1)2 of the Criminal Act.