폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
provided that this ruling has become final and conclusive.
1. The summary of the grounds for appeal (the first instance court: imprisonment with prison labor for a year and six months, and the second instance: imprisonment with prison labor for a year) of the lower court is too unreasonable;
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the court of first instance and the court of second instance concurrently examined the cases of appeal by the original judgment against the defendant. Each of the crimes in the first and second original judgment is a concurrent crime under the former part of Article 37 of the Criminal Act and should be punished as a single sentence within the term or amount increased by concurrent crimes under Article 38(1) of the Criminal Act in relation to concurrent crimes under Article 37 of the Criminal Act.
Therefore, the judgment of the court below is no longer maintained in this respect.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above grounds for reversal ex officio are established. The judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence recognized by the court is the same as the entries in each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act
Application of Statutes
1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act, Article 283 (1) of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following factors shall be considered in light of favorable circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act;
1. The crime of this case on the grounds of sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Probation Criminal Act is committed when the defendant gets the head of the victim E as a beer disease.