폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the period of three years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the lower court (one year and six months of imprisonment, three years of suspended execution, observation of protection, and confiscation) is too uneasy and unreasonable.
2. Before determining the grounds for appeal by the Defendant’s ex officio, prior to the determination of the grounds for appeal by the authority, the prosecutor applied for changes to “special injury” under Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act” in “Article 285-2(1) of the Criminal Act, Article 257(1) of the Criminal Act,” and “Article 257(1) of the Criminal Act,” respectively, and the judgment of the court below was changed to the subject of the judgment by permitting it. In this respect, the court below was no longer maintained.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is identical to each corresponding column of the judgment below, and thus, the summary of the facts charged and the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Article 62-2 of the Criminal Act on the observation of protection;
1. Unfavorable circumstances, such as the fact that the defendant, who had a large number of criminal records of the same kind with the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act, committed the instant crime during the suspension of execution due to the same kind of crime, and the defendant recognized all the facts charged in the instant case and reflects his mistake in depth. The injury suffered by the victim due to the instant crime is significant.
It is difficult to see;