폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. Summary of grounds for appeal;
A. The Defendant is merely a fighting match with the victim, and there is no string of the victim’s left part due to a shoulder-sicker’s disease.
Nevertheless, the court below convicted the defendant by misunderstanding the facts.
B. The sentence sentenced by the lower court to the Defendant (two years of imprisonment) is too unreasonable.
2. Determination:
A. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor examined the case ex officio, and the prosecutor applied the applicable law to change the name of the crime to “special injury” under Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act, “Articles 258-2 and 257(1) of the Criminal Act” under Article 3(1)3 of the Punishment of Violences, etc. and Article 257(1) of the Criminal Act. Since this court permitted this and changed the subject of the judgment, the judgment of the court below cannot be maintained as it is.
However, despite the above reasons for reversal of authority, the defendant's assertion of mistake of the above facts is still subject to the judgment of this court.
B. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant can sufficiently recognize the fact that the victim's left arms was damaged by a shoulderer disease, such as the statement in the facts charged, so this part of the defendant's assertion is without merit.
3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing since there is a ground for reversal ex officio as above, and the judgment of the court below is reversed, and it is again decided as follows after pleading.
[Re-written judgment] The facts constituting an offense and summary of evidence recognized by the court and the summary of evidence are all the same as that stated in the corresponding column of the judgment below.