폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
except that, for two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (a prison term of six months of imprisonment, a suspended execution of two years, and a community service order of 80 hours) imposed by the court below is too unfasible and unreasonable.
2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, prior to the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor changed the name of the offense against the defendant into “special assault,” and applied for changes in the applicable provisions of this Act to “Articles 261, 260(1), 37, and 38 of the Criminal Act,” and the judgment of the court below was no longer maintained since the subject of the judgment was changed by this court’s permission.
3. If so, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and it is again decided as follows.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act which choose a penalty;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravation of concurrent crimes committed by special assault committed by June 29, 2014, heavier punishment than punishment);
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. is that the crime of this case was committed by the defendant after getting the victim drinking together two times and assaulted by the defendant two times, and the nature of the crime is not good in light of the risk of the law of crime, repeating the crime against the same victim, failing to agree with the victim, and the investigative agency does not agree with the victim.