폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.
2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.
The lower court applied Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act to the criminal facts under Article 3(2) of the lower judgment.
In this regard, Article 3(1) and Article 2(1)3 of the former Punishment of Violences, etc. Act, which provides that the punishment of a person who commits an injury by carrying a deadly weapon or other dangerous object as a consequence of the promulgation and enforcement of the Act by Act No. 13718, Jan. 6, 2016, was deleted, and Article 3(1) and Article 2(1)3 of the former Punishment of Violences, etc. Act are deemed to be an amendment of the Act based on reflective consideration that the previous sentencing was too serious, and thus, the Act on Punishment of Violences, etc. cannot be applied to the above facts charged, and the special crime of injury (including special injury, including this part of the facts charged, and to the extent that it can be recognized without modification of the Act) under Article 258-2(1) of the Criminal Act newly established shall be applied.
Therefore, the judgment of the court below on the special injury portion cannot be maintained, and further, this part is in the concurrent relationship between the remaining criminal facts which the court below found guilty and the former part of Article 37 of the Criminal Act, and the judgment of the court below cannot be reversed in its entirety.
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 the facts constituting the crime and the evidence recognized by the court shall be set forth in Paragraph 2 of the judgment of the court below among the facts constituting the crime.