폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
1. The sentence (one and half years of imprisonment) imposed by the lower court on the summary of the reasons for appeal is too unreasonable.
2. The Court rendered ex officio reversals and examines each appeal case against the lower judgment.
Each crime in the holding of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed in accordance with Article 38(1) of the Criminal Act.
The judgment of the court below has reasons for ex officio destruction.
The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without proceeding to decide on the grounds for appeal by the defendant, and the judgment is again ruled as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the entries in each corresponding column of the judgment below. Thus, all of the judgment below are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 257 (1) and 145 (1) of the Criminal Act, Articles 149 and 145 (1) of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Articles 152 and 43 of the Road Traffic Act, Article 329 of the Criminal Act, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 78 subparagraph 2 of the Criminal Act, Article 71 (1) of the Motor Vehicle Management Act (the illegal use of the registration license plate, the choice of imprisonment), Articles 148 and 44 (1) of the Road Traffic Act (the choice of imprisonment after an accident);
1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant recognized the mistake of each of the crimes in this case; and (b) reflects the depth thereof.
The degree of damage to the crime of larceny in violation of the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) is relatively weak, and damage to the victim is a victim.