폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. In light of the fact that the main point of the grounds for appeal is difficult to economic situation of the defendant, that the defendant agreed smoothly with the victims, and that the defendant is against the situation while scrapping the vehicle of this case, each punishment (the first judgment: imprisonment with prison labor for 10 months and 2 months: imprisonment with prison labor for 4 months) sentenced by the court below is unfair.
2. Prior to the judgment on the grounds for appeal ex officio, the first and second instances of appeal against the defendant were examined and tried by the court below. Each of the crimes in the first and second instances of appeal against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the term or amount increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that there is a ground for ex officio reversal as seen above, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are as shown in each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 257 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 3 (1) and 2 (1) 1 of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Article 152 of the same Act, Article 36 of the same Act,
2. Article 35 of the Criminal Act among repeated crimes: Provided, That this shall not apply;