폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment for a year and eight months; and
3. Seized evidence 1 or 2 shall be confiscated;
1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment, confiscation) is improper because it is too unreasonable.
2. The prosecutor of the judgment ex officio: “Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” in the name of the crime in the instant facts charged as “special injury”; “Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” as “special confinement”; “Dangerous weapons” in the criminal facts; “Article 3(1) and Article 2(1)2 of the Punishment of Violences, etc. Act” in the applicable legal provision as “Article 258-2(1) of the Criminal Act; “Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act” were amended as “Article 278 of the Criminal Act”; “Article 2(1)3 of the Punishment of Violences, etc. Act” was amended as “Article 278 of the Criminal Act.”
As such, the judgment of the court below became unable to be maintained as it was changed.
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 grounds for appeal of the defendant, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of facts and evidence admitted by this court is as follows: (a) except where the phrase “hazardously weapons” of the judgment below is deemed as “hazardous articles” of the second half, 4, 9, 12 of the judgment of the court below, the summary of facts and evidence is as stated in each corresponding column of the judgment of the court below; and (b) such facts and evidence 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), 257 (1) (a) (a special injury, imprisonment with prison labor) of the Criminal Act concerning facts constituting an offense, and Articles 278 and 276 (1) (a special confinement, and choice of imprisonment with prison labor);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The reason for sentencing under Article 48(1)1 of the Criminal Act is not sufficient in light of the risk, frequency, etc. of each of the crimes in this case.