폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)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.
20,000 won shall be additionally collected from the defendant.
The Defendant asserts that the lower court’s punishment is too unreasonable as the grounds for appeal of this case are too unreasonable.
In full view of all the sentencing conditions shown in the records and arguments of this case, the sentence of the court below is too unreasonable.
Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act and the following is ruled again
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Selection of each sentence of imprisonment with prison labor for each of the remaining crimes except for the crimes in violation of Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment, etc. of Violences, etc., Article 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, Article 350 (1) of the Criminal Act, Article 329 of the Criminal Act, Article 314 (1) of the Criminal Act, Article 60 (1) 2 and Article 4 (1) 3 (b) of the Act on the Control of Narcotics, etc., Article 352 and Article 350 (1) of the Criminal Act, Article 70 (1) 3 (b) of the Specialized Credit Finance Business Act, Article 81 (1) 2 and Article 10 (5) of the Automobile Management Act, and Article 350 (1) of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The proviso to Article 67 of the Narcotics Control Act;