폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)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.
except that, for two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The crime of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. (a collective action, deadly weapons, etc.) stipulates that the statutory penalty shall be imposed by imprisonment for a limited term of not less than three years, and the court below sentenced a sentence of imprisonment for not less than nine months even after statutory mitigation and discretionary mitigation, despite the sentence of imprisonment for a limited term of not less than nine months, since the court below sentenced a suspended sentence of not less than one year
B. The sentence of unfair sentencing (one year of suspended sentence in six months of imprisonment) by the lower court is too uneased and unreasonable.
2. The lower court acknowledged the Defendant’s injury to the Victim F by applying Article 257(1) of the Criminal Act with regard to the Defendant’s injury to the Victim F, and sentenced the Defendant to imprisonment with prison labor for not less than nine months beyond the statutory scope of imprisonment, despite the fact that the Defendant’s injury to the Victim E by carrying a deadly weapon, by applying Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act. Since both crimes are concurrent crimes, the lower limit of the statutory penalty, which can be sentenced to the Defendant, is three years in prison, and even if the Defendant was sentenced to statutory mitigation and discretionary mitigation, the Defendant was sentenced to imprisonment with prison labor for not less than nine months (the first instance court did not have any statutory mitigation and discretionary mitigation).
Therefore, the judgment of the court below is erroneous in affecting the judgment.
3. If so, the prosecutor's argument of violation of law is with merit. Thus, without examining the argument of unfair sentencing, the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act and the following decision is rendered again through pleading
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is the same as that of each corresponding column of the judgment below.