폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The Defendant, misunderstanding the fact, merely citing a gate-proof net as the gate-proof net and did not have any price. Thus, the injury suffered by the victim is not caused by the use of the gate-proof net, and thus, it is not recognized that the relation between carrying dangerous articles and the injury is not recognized.
B. The punishment of the lower court’s unfair sentencing (one year and six months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) is too unreasonable.
2. Determination
A. Upon ex officio determination, the prosecutor requested the appellate court to amend the bill of amendment to the effect that the name of the crime is "a special injury" in violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) and the applicable law is "Articles 3 (1), 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act" in "Article 258-2 (1) and Article 257 (1) of the Criminal Act". Since the court permitted the change, the judgment of the court below cannot be maintained as it is.
However, even if there are reasons for reversal ex officio, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined below.
B. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the victim stated in the investigative agency that the victim intending to see the victim's knife with a view to preventing the damage by using the knife with a view to the victim's knife with one hand, and that the victim knife the victim's knife with another hand, and that the victim was injured by the victim's knife with the knife with a view to preventing the damage, and that the victim was injured by the knife's knife, the knife's knife, which requires two-day medical treatment due to the above act by the defendant.