폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (one year and six months of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds of appeal by the defendant, the grounds of appeal are examined ex officio in accordance with Article 364(2) of the Criminal Procedure Act.
In the trial of the party, the prosecutor applied for changes in the name of the crime regarding the violation of the Punishment of Violence, etc. Act (a group, deadly weapon, etc.) against the defendant, "Special Bodily Injury" in the Act on the Punishment of Violences, etc. (a group, deadly weapon, etc.) and the applicable law "Article 3 (1), 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act" in "Article 258-2 (1) and Article 257 (1) of the Criminal Act," and "Article 257 (1) of the Criminal Act," respectively, to "Article 258-2 (1) and Article 257 (1) of the Criminal Act," and this court was changed to the subject of judgment
Therefore, the judgment of the court below that found the criminal facts whose name and applicable legal provisions were modified and the remaining facts charged constituting substantive concurrent crimes under the former part of Article 37 of the Criminal Act and sentenced to a single punishment could not be maintained as they are.
3. Therefore, the court below's decision is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by this court is identical to the corresponding column of the judgment of the court below, except for the case where the "Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" in Section 4 of the judgment of the court below as "special injury" in Section 2 of the judgment of the court below, and thus, it is acceptable as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 261 of the Criminal Act applicable to the crime, Articles 260(1) (a) of the Criminal Act that prescribes the choice of punishment for the crime, Articles 261, 260(1) (a) of the Criminal Act, Articles 258-2(1) and 257(1) (a) of the Criminal Act (a special injury)