폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. The sentence imposed by the court below (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. Before determining the grounds for appeal ex officio, prior to the determination of the reasons for appeal by authority, the prosecutor, at the trial of the party, applied the name of the crime to "special injury" in violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) and "Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act" in the applicable law, applied law applied "Article 258-2 and Article 257 (1) of the Criminal Act" to "Article 258-2 of the Criminal Act and Article 257 (1) of the Criminal Act" respectively. Since this court permitted this and changed the subject of the judgment, the judgment of the court below was no longer maintained.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are all the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and Articles 258-2 and 257 (1) of the Criminal Act concerning the selection of criminal facts;
1. Reasons for sentencing under Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental and physical weakness [the scope of recommending punishment] Habitual injury, repeated injury, and special injury to a repeated crime / [the scope of recommending punishment] 1 type (Habitual injury, repeated injury, and special injury) / [one year and six months from June to two years) / [the person with special mitigation] mental and physical weakness (no person in person in charge) / [the decision of sentencing] / all of the criminal facts of this case are favorable to the defendant.
However, the lower court’s determination is based on the following circumstances that are unfavorable to the Defendant, and the various sentencing conditions specified in the instant pleadings, such as the Defendant’s age, sex, environment, and mental health status.