폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
All judgment of the court below shall be reversed.
Defendant
A Imprisonment with prison labor for two years and for one year and four months, Defendant C and E, respectively.
1. The summary of the grounds for appeal is too unreasonable as the lower court rendered against the Defendants, as follows.
Defendant A imprisonment with prison labor for not more than one year and six months, with prison labor for not more than a year and six months, with prison labor for not less than a year and six months, and with prison labor for not less than a year and six months, and with prison labor for not less than a year and six months, and with prison labor for not less than a year and six months, with prison labor for not less than a year and six months, with prison labor for not less than a year and six months, and with prison labor for not less than a year and six months, with prison labor for not less than six months, for Defendant E.
2. Prior to the judgment on the grounds for appeal by the Defendants’ ex officio determination following the consolidation, the cases of 2013No1650, No. 201650, No. 2013No1918, No. 2013No229, and No. 2013No2481, which are the appeal cases against the judgment of the court of first instance against the judgment of the court of first instance, were consolidated in the proceedings of the party hearing. Since each of the offenses against the Defendants is concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be sentenced to a single sentence within the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, all of the judgment of the court below cannot escape from reversal.
3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendants’ assertion of unfair sentencing, and it is again decided as follows through pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article applicable to criminal facts;
A. Defendant A: Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act; Article 30 of the Criminal Act; Article 331(2) and (1) of the Criminal Act; Article 331(2) of the Criminal Act; Article 331(1) of the Criminal Act; and the Criminal Act.