폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant, in the first instance trial, the prosecutor applied the name of the crime in violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) among the facts charged in the instant case as "special injury", and the applicable provisions of the Act as "Article 3 (1), 2 (1) 3 of the Punishment of Violences, etc. Act" and "Article 257 (1) of the Criminal Act" are "Article 258-2 (1) and Article 257 (1) of the Criminal Act" and "Article 257 (1) of the Criminal Act are amended by this court's permission. This part of the facts charged and the remainder of the facts charged that the court below found guilty are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the court below's judgment cannot be sentenced as it is.
3. As such, the judgment of the court below is reversed without examining the defendant's unfair argument of sentencing in accordance with Article 364 (2) of the Criminal Procedure Act, on the ground that the above reasons for reversal ex officio exist, and the judgment below is reversed and it is again decided as follows through pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is that the facts charged and the summary of the evidence are cited in accordance with Article 369 of the Criminal Procedure Act, except for the case where the “violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” (a group, deadly weapon, etc.) committed No. 5 of the judgment of the court below as “special injury” as stated in the corresponding column of the judgment below.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 260(1) of the Criminal Act (the point of assault and assault, each choice of imprisonment), Article 257(1) (the point of bodily injury and each choice of imprisonment) of the Criminal Act, Articles 258-2(1) and 257(1) of the Criminal Act concerning facts constituting an offense (the point of special injury)
1. The aggravated Criminal Act for concurrent crimes.