폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The gist of the grounds for appeal (one year of imprisonment and two years of suspended execution) of the lower court is too unhued and unreasonable.
2. The prosecutor of the judgment ex officio changed the name of the crime concerning the violation of the Punishment of Violences, etc. Act (collective assault with a deadly weapon, etc.) from among the facts charged in the instant case into a special assault; the applicable provisions of the Acts are changed to Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; and Article 260 (1) of the Criminal Act; and the name of the crime concerning the violation of the Punishment of Violences, etc. Act (collective weapon, etc.) is special intimidation; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act (Article 284 and Article 283 (1) of the Criminal Act); Article 283 (1) of the Criminal Act (Article 3 of the Punishment of Violences, etc. Act (Article 3 (1) and (2) of the Punishment of Violences, etc. Act); Article 260 (1) of the Criminal Act (Article 366 of the Criminal Act).
On the other hand, the court below recognized this part of the facts charged and the remaining facts charged as concurrent crimes under the former part of Article 37 of the Criminal Act and sentenced one punishment.
Therefore, the judgment of the court below is no longer maintained.
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's grounds for appeal on the grounds of appeal, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the evidence and the facts charged by this court and the summary of the evidence are as follows: "Violation of the Punishment of Violences, etc. Act (Intimidation of collective weapons, etc.) and special obstruction of performance of official duties" among the facts charged in the judgment of the court below, and "Special Intimidation and Special obstruction of Performance of Official Duties".