폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Provided, That the above punishment shall be imposed for a period of four years from the date this judgment becomes final and conclusive.
1. The gist of the prosecutor’s appeal is as follows: (a) in light of the following: (b) the nature of the crime in this case is not good in light of the following: (c) the Defendant was punished for the same kind of crime; (d) the Defendant was able to commit serious violence; and (e) the victims of assault and damage to property were punished for the Defendant; and (e) the Defendant was punished for a period of two years of imprisonment, 4 years of suspension of execution and observation of protection; (d) an order to attend alcohol treatment lectures for 40 hours; and (e) an order to provide community service order for 120 hours is too unreasonable.
2. We examine ex officio the grounds for appeal ex officio before determining the grounds for appeal.
A prosecutor shall apply for the modification of the bill of amendment to the Criminal Act to "Article 3 (1), Article 2 (1) 3, and Article 257 (1) of the Punishment of Violences, etc. Act" in the applicable law to "Article 258-2 (1) and Article 257 (1) of the Criminal Act" in the name of the crime committed in the first instance, and the court applied for the modification of the bill of amendment to the bill of amendment to "Article 258-2 (1) and Article 257 (1) of the Criminal Act", and the judgment of the court below that found the defendant guilty of the remaining criminal facts in the substantive concurrent crimes under the former part of Article 37 of the Criminal Act and that one sentence is not maintained.
3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the above ex officio reversal of the judgment of the court below, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the criminal facts and evidence of the defendant are as follows: Except for the case where the "Violation of the Punishment of Violences, etc. Act (In the Act on the Punishment of Violences, etc. (In the Group, Deadly Weapons, etc.)" of Article 2-5 of the judgment of the court below as "special injury", the criminal facts of the defendant and the summary of evidence are as stated in the corresponding column of the judgment of the court below.
Application of Statutes
1. Criminal facts;