폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (public prosecutor) is unreasonable because the sentence imposed by the lower court (two years of suspended sentence of ten months, two years of suspended sentence of imprisonment, one year of observation of protection, and one hundred and twenty hours of community service) is too uneased.
2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the name of the crime under Article 1 of the Act on the Punishment of Violences, Etc. (a group, deadly weapon, etc.) was examined by the prosecutor, and the applicable provisions of the Act are as follows: “Special assault”; “Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act; and Article 260(1) of the Criminal Act” respectively; “Articles 261 and 260(1) of the Criminal Act are changed to “Article 261 of the Criminal Act”; and the name of the crime under Article 2 of the Act on the Punishment of Violences, etc. (a group, deadly weapon, etc.) was modified to “special intimidation”; Article 3(1) and 2(1)1 of the Act on the Punishment of Violences, etc. and Article 28(1)4 of the Criminal Act cannot be amended to “the Defendant’s amendment to the indictment”; Article 3(2) of the same Act was amended to “the Defendant’s amendment to the indictment.”
3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor’s improper assertion of sentencing, and the court below is again decided as follows (In light of the records of this case, even if the defendant was served with the notice of receipt of court records on September 23, 2015, he did not submit a statement of reason for appeal within 20 days from that date, and the petition of appeal does not contain the grounds for appeal, and is thus dismissed by decision in accordance with Article 361-4(1) of the Criminal Procedure Act, but as long as the judgment of the court below is reversed ex officio, the appeal by the defendant shall not be dismissed separately inasmuch as it is reversed ex officio as the judgment of the court below is reversed). Criminal facts and the summary of evidence