폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. In the trial of the party, the ex officio judgment prosecutor applied for the amendment of the Act on the Punishment of Violences, etc. (a group, deadly weapon, etc.) to "special injury" with "Article 258-2 (1) and Article 257 (1) of the Criminal Act" among the names of the crimes against the defendant, and the applicable provisions of the Act on the Punishment of Violences, etc. were amended to "Article 258-2 (1) and Article 257 (1) of the Criminal Act. The subject of the judgment is changed by this court's permission. This part of the facts charged and the remainder of the facts charged are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court below
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.
Criminal facts
The summary of facts and evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 258-2 (1) and 257 (1) of the Criminal Act, Article 30 of the Criminal Act, Article 369 (1) and 366 of the Criminal Act, Article 30 of the Criminal Act, Article 30 of the Criminal Act (the occupation of special damage and the choice of imprisonment) concerning the crime;
1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes are as follows: (a) the Defendant recognized each of the facts charged in the instant case and against his mistake; (b) the Defendant committed an injury to the victim M prior to the instant crime; (c) the Defendant attempted to withdraw from violent organizations; (d) the Defendant attempted to withdraw from violent organizations; (c) the victims and the victims agreed to do so; and (d) the sentence becomes final and conclusive due to the instant crime, the suspension of the first head entry in