폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
except that the ruling shall be made for one year from the date of the final judgment.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court’s punishment (one year of suspended sentence for one year) is too unreasonable.
2. We examine ex officio prior to the judgment on the Defendant’s assertion of unfair sentencing.
In regard to the violation of the Punishment of Violences, etc. Act (a collective crime, a deadly weapon, etc.) among the facts charged against the defendant in the trial of the political party, the prosecutor applied for the amendment of the indictment with the name of the crime as "special assault" from "violation of the Punishment of Violences, etc. Act (a collective crime, a deadly weapon, etc.)", and the applicable provisions of the Act to "Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act" and Article 260 (1) of the Criminal Act (Article 261 and Article 260 (1) of the Criminal Act). This court permitted the amendment, thereby changing the subject of the judgment, and the lower court sentenced the remaining concurrent crimes under the former part of Article 37 of the Criminal Act.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act and it is again decided as follows without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal.
[Dao-written judgment] The summary of the facts constituting an offense and evidence admitted by the court and the summary of the evidence are as follows: (a) except for the case where the part on “violation of the Punishment of Violences, etc. Act (collectively, deadly, etc.)” (collectively, deadly, etc.) is changed to “2. Special Violence” (hereinafter “Special Violence”) of the second five Justices of the judgment of the court below, it is identical to the corresponding
Application of Statutes
1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Articles 261 and 260 (1) of the Criminal Act (the point of special violence) and the choice of imprisonment with prison labor for each crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 of the Criminal Act: