폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
seizure.
1. The sentence imposed by the court below (two years and six months) on the summary of the grounds for appeal is too unreasonable.
2. We examine ex officio the grounds for appeal prior to the judgment on the grounds of ex officio appeal.
In the first instance trial, the prosecutor applied for the amendment of the indictment with the phrase “violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.)” as “special injury,” and the phrase “Article 3(1), Article 2(1)3, and Article 257(1) of the Criminal Act” as “Article 258-2(1) of the Criminal Act and Article 257(1) of the Criminal Act” as “Article 258-2(1) of the Criminal Act and Article 257(1) of the Criminal Act,” among the names of the crimes related to the facts charged in the instant case. Since this court permitted this, the part of the judgment of the court below against the defendant was no longer maintained.
3. In conclusion, the judgment of the court below is reversed, and the part of the judgment of the court below as to the defendant is reversed, and it is again decided as follows through pleading, without examining the defendant's unfair argument of sentencing.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by this court and the summary of the evidence thereof are as follows, except for the case of changing "A. Violation of the Punishment of Violences, etc. Act (a., deadly weapons, etc.) to "A. Special Bodily Injury" in the third page of the judgment of the court below, since it is the same as the corresponding column of the judgment of the court below, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article applicable to the crime, Article 258-2(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 71 Subparag. 1 and Article 12(1) of the former Control of Firearms, etc. (Amended by Act No. 12960, Jan. 6, 2015) (amended by Act No. 12960, Jan. 6, 2015) of the same Act, applicable to the choice of punishment for the crime, Article 258-2(1) of the Criminal Act, Article 257 of the Criminal Act
2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;
3. Confiscation Article 48 of the Criminal Act.