폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
except that, for a period of two years and six months from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year, two years and six months of suspended execution, community service work 200 hours) of the lower court is deemed to be too uneasible and unfair.
2. Before the judgment on the grounds for appeal by the prosecutor ex officio prior to the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor applied for changes in the name of the crime against the defendant to "Violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.)", "Violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.)" as "special intimidation", "Violation of the Punishment of Violence, etc. Act (collective, deadly weapons, etc.)" as "special assault", "Special Violence Act (collective, deadly weapons, etc.)", "Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Article 283(1) of the Criminal Act, and Article 260(1) of the Criminal Act" as "Article 369(1), Articles 366, 284, 283(1), 261, and 260(1) of the Criminal Act."
3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the grounds of ex officio reversal, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act concerning facts constituting an offense, and Articles 369(1), 366, 284, 283(1), 261, and 260(1) of the Criminal Act concerning the choice of punishment, and Articles 60(1)2 and 4(1), and 22 subparag. 3(b) of the Act on the Control of Narcotics, Etc., and the choice of imprisonment, respectively;
1. Aggravation for concurrent crimes;