폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (one year and six months of imprisonment, three years of suspended execution, and 80 hours of community service) is too unreasonable.
2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.
The lower court applied Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter “former Punishment of Violences”) and Article 257(1) of the Criminal Act to criminal facts as indicated in the judgment.
In this regard, Articles 3(1) and 2(1)3 of the former Punishment of Violences Act, which provide that a person who commits an injury by carrying a deadly weapon or other dangerous articles with a deadly weapon or other dangerous articles shall be punished by imprisonment for a limited term of three years or more as of January 6, 2016, was newly established under Article 258-2(1) of the Criminal Act, which provides that a person who commits an injury by carrying dangerous articles shall be punished by imprisonment for not less than one year but not more than ten years. Since the Act was promulgated under Article 13719 of the Criminal Act as of January 6, 2016, Article 258-2(2) of the former Punishment of Violences Act, which provides that the former Punishment of Violences Act shall be punished by imprisonment for a limited term of three years or more, the latter shall not be applied to the facts charged under Article 1(2) of the Criminal Act, and the latter shall not be deemed to have any more specific provision of Article 258-2(1) of the Criminal Act.