폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.
The Defendant, at the time of each of the instant crimes, was under the influence of alcohol and had weak ability to discern things or make decisions.
The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.
Before determining the grounds for appeal by the defendant, the court below ex officio has the following reasons for reversal.
Article 260 (1) of the Criminal Act; Article 369 (1) 1 of the Punishment of Violences, etc. Act and Article 366 of the Criminal Act are "Special Assault"; Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act is "Article 261 and Article 260 (1) of the Criminal Act; Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act are "Article 369 (1) 1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act is "the last 60 of the amendment of the Act" in the applicable law.
"Application for Amendments to Bill of Indictment was filed, and the court of the first instance prior to the return was permitted to do so, and the subject of the judgment was changed.
In the first instance trial, the prosecutor applied Article 3(1), Article 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act to “Article 258-2(1) and Article 257(1) of the Criminal Act” as “Special Bodily Injury,” among the names of the crimes (a group, deadly weapons, etc.)” and “Article 3(1), Article 2(1), and Article 257(1) of the Criminal Act” were amended to “Article 258-2(1) and Article 257(1) of the Criminal Act,” and this Court approved the amendment and changed to the subject of the judgment.
According to the record, on March 10, 2015, the Defendant was sentenced to two-year imprisonment with prison labor for the crime of injury, etc. in this court, and the above judgment became final and conclusive on August 27, 2015, and each of the crimes of this case before the above judgment becomes final and conclusive.