폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for one year and six months.
However, the defendant B is subject to objection.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (two years of imprisonment with prison labor for the Defendants A, and two years of suspended sentence for the Defendants B: imprisonment with prison labor for one year and six months) is too unreasonable.
2. The ex officio judgment prosecutor added "Violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.)" to the name of the existing crime against Defendant B in the trial of the party, added "Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, and Article 260(1) of the Criminal Act" to the applicable provisions of the Act, and applied for changes in the indictment with respect to all the Defendants as stated in the following criminal facts. Since this Court permitted this, the judgment of the court below was no longer maintained.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without a need to judge the Defendants’ assertion of unfair sentencing, on the ground of the above ex officio reversal, and it is again decided as follows.
Punishment of the crime
The facts constituting the crime acknowledged by this court and the summary of the evidence are the facts of the judgment below.
1.(b)
(2) Paragraphs 1 to 4 of this Article are as follows: “Continuing with the above Section B, the Defendant continues to sit together with the victim I and the victim J in the vicinity of the restaurant; the Defendant keling with the victim I and the victim J; and B keling with the victim I and the victim J; and B, due to a cigarette of the victim I and the head of the victim JJ.
7.(a)
(1) In the paragraph (1), the term “salvinary injury” shall be deemed to read “brain salvinosis”;
7.(a)
(2) On April 8, 2013, at around 04:00, the Defendant: (a) stated that “The Victim J (16 years of age) around the AL restaurant located in the said G was frightened by the Defendant even though he was lower than the Defendant; (b) the Defendant collected a kys bottle, which is a dangerous object that was left away from the floor and was assaulted by the victim’s head; and (c) the Defendant frightd the victim.”
7.(c)
(2) The Defendant continues to exist in the future of the above H cafeteria with A.