폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. The lower court sentenced the Defendant to a punishment of one year and six months for the violation of the Punishment of Violences, etc. Act (a violation of the Act on Punishment of Violences, Etc. (a group, deadly weapon, etc.) and the violation of the Road Traffic Act (a driver without a license), and the violation of the Punishment of Violences, etc. (a driver without a license). As to the violation of the Act on the Punishment of Violences, etc. (a group, deadly weapons, etc.), the lower court applied Article 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act (hereinafter “instant provision”).
With respect to the judgment of the court below, only the defendant filed an appeal as to the conviction portion, and the prosecutor did not file an appeal, and the acquittal portion of the judgment below became separated and finalized.
Before remanding, the appellate court dismissed the defendant's appeal on the grounds of unfair sentencing, and the defendant's appeal was finalized.
Article 258-2 (Special Bodily Injury) of the former Punishment of Violence Act was deleted as the same Act was amended by Act No. 13718 on January 6, 2016, and Article 258-2 (Special Bodily Injury) newly established under the Criminal Act amended by Act No. 13719 on the same day prescribed the same elements as the provision of this case, and even if the statutory penalty is set at a lower level, it shall be deemed an anti-sexual measure taken from the fact that the former penal provision was excessive. Thus, Article 1-2 (1) of the Criminal Act should be applied to the new corporation, which was a new crime with minor punishment instead of the provision of this case pursuant to Article 1-2 (2) of the Criminal Act. Accordingly, the judgment of the court of final appeal reversed the judgment of the court of first instance on the conviction of a single criminal sentence, and remanded the case to the court of original trial.
Therefore, the object of this Court's adjudication is.