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.
However, the period of three years from the date this judgment became final and conclusive.
1. The decision of the court below on the gist of the reasons for appeal (two years of imprisonment, three years of suspended execution, and two hundred hours of community service) is deemed to be too unhued and unreasonable.
2. An ex officio judgment prosecutor filed an application for changes in the contents of Article 258-2(1) and Article 257(1) of the Criminal Act with the name of the crime concerning the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the trial of the party (a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) to "special injury", and Article 3(1), Article 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act "Article 258-2(1) of the Criminal Act and Article 257(1) of the Criminal Act". This court permitted this and changed the subject of the judgment by this court, and since the above crime and the remaining crimes in the judgment of the court of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below cannot be maintained any further.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are quoted 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), 257(1) (the point of a dangerous personal injury), 347(1) (the point of fraud) of the Criminal Act, Article 366 of the Criminal Act, Article 283(1) (the point of intimidation) of the Criminal Act, Article 319(1) of the Criminal Act, Article 319 of the Criminal Act, Article 319(1) of the Criminal Act, Article 258-2(1) (the point of intrusion), Article 257 of the Criminal Act, Article 257(1) (the point of intrusion), Article 257 of the Criminal Act, Article 257,
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with the heavier special injury);
1. Article 62 of the Criminal Act: