폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The summary of the grounds for appeal asserts that the defendant is too unfair because of the punishment sentenced by the court below (two years and six months of imprisonment).
2. In the first instance trial, the Prosecutor changed the term “violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” as “special assault”; “Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” as “special intimidation”; “Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” as “special injury”; and “Violation of the Punishment of Violences, etc. Act (a property damage, etc., such as group, deadly weapon, etc.)” as “damage of special property”; and “Article 3(1) and Article 2(1)1 of the Criminal Act; Article 6(1) of the Act on the Punishment of Violences, etc.; Article 260(1) of the Criminal Act as “Article 261 and Article 260(1)1 of the Criminal Act; Article 8(2)1 of the Criminal Act as “Article 8(1) of the Punishment of Violences, etc.; Article 3(2) of the Criminal Act,” in the applicable Act.
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows.
[Judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are "B." of the judgment below.