폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. In light of the substance of the grounds for appeal in this case, the punishment imposed by the court below (one year and six months of imprisonment) is too unreasonable.
(2) The defendant and his defense counsel requested changes in the contents of Article 257(1) of the Criminal Act to delete "a dangerous object" in the facts charged, and the judgment below is no longer maintained because the defendant's name of the crime was changed due to the change in the subject of the judgment and the subject of the judgment of the court below, prior to the judgment on the grounds of appeal on the grounds of appeal by the defendant's ex officio judgment on February 2, 199, prior to the judgment on the grounds of appeal by the court of first instance.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above, and it is again decided as follows.
Criminal facts
The summary of facts and evidence recognized by this court is identical to the description of each corresponding column of the judgment of the court below, except for deletion of "hazardous goods" in Part 9 of Part 2 of the judgment of the court below, and thus, it is invoked as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The criminal defendant was punished more than ten times on August 13, 2010 for violating the Punishment of Violences, etc. Act on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act.