폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor of one year and six months, each of the defendants B, C, D, and E shall be punished by imprisonment.
1. The summary of the grounds for appeal by Defendant A, B, C, and D is too unreasonable because the court below sentenced the above Defendants to each punishment (two years and six months of imprisonment, two years of imprisonment, two years of imprisonment, three years of probation, three years of probation, observation of protection, and three years of probation, three years of probation, three years of probation, observation of protection, community service, and 120 hours) and two years of imprisonment (the two years of probation, three years of probation, three years of probation, observation of social service, and 120 hours). 2. The grounds for appeal by the above Defendants are examined ex officio as follows.
The court below 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 of the part where the Defendants inflicted bodily injury upon multiple force among the criminal facts in the judgment below.
In this regard, Article 3(1) and Article 2(1)3 of the former Punishment of Violences, etc. Act, which provides that a person who commits an injury by force of an organization or a group shall be punished by imprisonment for a limited term of three years or more as a consequence of the promulgation and enforcement of the Act by Act No. 13718, Jan. 6, 2016, was deleted. This appears to be the amendment of the Act based on the reflective consideration that the previous sentencing was too serious, and thus, the Act on the Punishment of Violences, etc. cannot be applied to the above crime, and the special crime of injury (including this part of the facts charged, but also within the scope that can be recognized without the amendment of the Act) under Article 258-2(1) of the Criminal Act, which was newly established.
Therefore, the judgment of the court below on the special injury portion cannot be maintained, and this part of the facts charged and the remainder of the facts charged should be sentenced to one punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Code, so the judgment of the court below shall be maintained any more.