폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment below
The guilty part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for eight months.
. Prosecutors;
1. The court below's scope of trial against Defendant A is dismissed among the facts charged in this case against Defendant A, and the prosecution against the victim L, M, and N is dismissed, and the remaining facts charged are found guilty. As long as the defendant and the prosecutor appealed only against the guilty part, since the dismissal part of the above prosecution is separate and confirmed after the period of appeal expires, the court's scope of trial against Defendant A is limited to the convicted part of the court below.
2. Summary of grounds for appeal;
A. Defendant A’s sentence of one and half years of imprisonment with labor, which the court below committed against Defendant A, is too unreasonable.
B. Each sentence (as above, Defendant A, C, D, E, and F: each fine of KRW 5 million is imposed on the Defendants, Defendant G, and H: each fine of KRW 3 million) that the lower court sentenced against the Defendants is too unfasible and unfair.
3. Determination
A. Before determining the grounds for appeal against Defendant A and the prosecutor, prior to the determination of the grounds for appeal against Defendant A, the Prosecutor applied “Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” among the names of the instant crimes to “special injury” as “Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act,” respectively, to “Article 258-2(1) of the Criminal Act,” and this court permitted this, thereby changing the judgment of the court below to “Article 258-2(1) of the Criminal Act.” This part of the facts charged and the remainder of the facts charged against Defendant A are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the part of the judgment of the court below against Defendant A cannot be affirmed.
B. The public prosecutor’s argument on Defendant B, C, D, E, F, G, and H is based on trial-oriented principle and direct principle.