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. The summary of the grounds for appeal (a prison term of one year and six months, a suspended sentence of two years, and a community service order of 80 hours) imposed by the court below on the defendant is unreasonable.
2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, prior to the judgment on the grounds for appeal by the prosecutor ex officio, one of the crimes against the above defendant's charged facts was examined by the prosecutor, "Violation of the Punishment of Violences, etc. Act (collectively weapons, etc.)" is "special intimidation", and "Article 3 (1), Article 2 (1) 1 and Article 283 (1) of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act" is amended to "Article 284 and Article 283 (1) of the Criminal Act" among applicable provisions of Article 284 and Article 283 (1) of the Criminal Act, and permission of a party member is granted permission
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and it is again decided as follows.
Criminal facts
The summary of the facts charged by the court and the summary of the evidence are as follows: (a) except for the alteration of “violation of the Punishment of Violences, etc. Act (Intimidation of collective weapons, etc.)” under Article 2(2) from among the reasoning of the judgment of the court below to “special intimidation,” the corresponding part of the reasoning of the judgment below is the same as that of each corresponding part of the judgment of the court below. Therefore
Application of Statutes
1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the occupation of inflicting an injury on carrying a dangerous object), Articles 284 and 283 (1) of the Criminal Act (the occupation of threatening to carry a dangerous object, and the choice
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 53 of the Criminal Act for discretionary mitigation.