폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
All the judgment below is reversed.
Defendant shall be punished by imprisonment with prison labor of one year and six months, and fine of 3,000,000 won.
The defendant above.
1. The first instance court, among the facts charged, sentenced to dismissal of prosecution as to the assault against C among the charges, and sentenced two years of imprisonment and fine of 30,000 won for the remaining crimes.
However, the defendant appealed against the guilty portion of the judgment of the court below on the ground of unfair sentencing, and since the prosecutor's rejection of the above indictment became final and conclusive due to the failure to appeal, the scope of the judgment of the court of first instance against the judgment of the court of first instance
2. The summary of the grounds for appeal is that the punishment of each original judgment (the first instance judgment: imprisonment of two years and fines of 300,000, and fines of 3,000,000) is too unreasonable.
3. Examination ex officio prior to the judgment on the grounds for appeal by the defendant
In the first instance trial prior to the reversal of the case, the Prosecutor applied for the amendment of the Act on the Punishment of Violences, etc. (a collective weapon, etc.) to “special intimidation” and permitted the first instance trial prior to the reversal of the case, thereby changing the subject of the judgment. In the first instance trial after the reversal of the case, the Prosecutor applied for the amendment of the Act to “violation of the Punishment of Violence, etc. Act (a collective dangerous weapon, etc.)” to “special injury” and the first instance trial after the reversal of the case, and changed the subject of the judgment by allowing the first instance trial after the remand of the case. Thus, the first instance judgment cannot be maintained.
In addition, the first and second court rendered a judgment after completing separate hearings against the defendant, and the defendant filed an appeal against each judgment of the court below, and the judgment prior to the reversal was decided to consolidate the above two appeals cases.
Each of the crimes of the court below against the defendant in the first and second concurrent crimes under the former part of Article 37 of the Criminal Act shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes under Article 38 of the Criminal Act. Therefore, the defendant shall be sentenced to a single sentence.