폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that this shall not apply.
1. The summary of the grounds for appeal (unfair sentencing) of the original judgment (one year and six months of imprisonment) is too unreasonable.
2. Ex officio determination
A. A. For the first time in the trial against the Defendant, the Prosecutor: “Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” as “special injury”; “Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” as “damage to special property;” and the applicable legal provision was “Article 3(1), 2(1)1, and 3 of the Punishment of Violences, etc. Act; Articles 257(1) and 366 of the Criminal Act; and “Articles 258-2(1), 257(1), and 366 of the Criminal Act” as “Article 257(1), 369(1), and 366 of the Criminal Act” was amended, and thus, the judgment below was no longer maintained in that it was subject to adjudication.
B. According to the records, the Defendant committed each of the crimes of this case committed by the lower judgment prior to the final and conclusive judgment, on September 16, 2015, by having been sentenced to imprisonment with prison labor for one year and six months for fraud at the Daejeon District Court on November 26, 2015, which became final and conclusive on November 26, 2015.
As above, the crimes for which judgment has become final and each of the instant crimes are concurrent crimes after Article 37 of the Criminal Act, and the punishment should be determined after examining whether to reduce or exempt punishment in consideration of equity and equity in cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act.
Therefore, the judgment of the court below which did not consider it is impossible to maintain it as it is.
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 unfair argument of sentencing, and the part of the judgment below excluding compensation order among the judgment below is reversed, and the following is again decided after pleading.
Criminal facts
The facts constituting the crime acknowledged by this Court are as follows: "The defendant is at Daejeon District Court on September 16, 2015.