폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Seized one square meter (No. 1) shall be confiscated.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year and eight months of imprisonment, one year and three years of suspended sentence) is deemed to be too uneasy and unfair.
2. According to the reasoning of the lower judgment ex officio, the lower court found the Defendant guilty on the charges of inflicting an injury on the victim by carrying dangerous articles by applying Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter “former Punishment of Violences”) and Article 257(1) of the Criminal Act.
Article 3 (1) of the former Punishment of Violences Act shall be punished in accordance with each subparagraph of Article 2 (1) by committing a crime under any of the subparagraphs of Article 2 (1), or by carrying a deadly weapon or other dangerous articles, in accordance with any of the subparagraphs of Article 2 (1).
"A person who habitually commits any of the following offenses" in Article 2 (1) shall be punished in accordance with the following classifications:
Article 257(1)(Bodily Injury) of the Criminal Act and Article 257(2)(Bodily Injury) of the Criminal Act provide that “A person shall be punished by imprisonment with prison labor for not less than three years.”
Accordingly, Article 3(1) of the Punishment of Violences, etc. Act, which was enforced by Act No. 13718 on January 6, 2016, has been deleted, and Article 258-2 (Special Bodily Injury) of the Criminal Act, which was enforced by Act No. 13719 on the same day, has been newly established and Article 258-1 (1) of the same Act has committed a crime under Article 257(1) or (2) of the Act.
“The provision was defined as “...”
Article 257(1) of the Criminal Act, instead of deleting Article 3(1) of the former Punishment of Violences Act, which provides for the requirements for aggravated composition of Article 257(1) of the Criminal Act, is newly established pursuant to Article 258-2(1) of the Criminal Act, and the statutory penalty is Article 3 of the former Punishment of Violences Act.