폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. Ex officio determination: (a) the lower court applied Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; (b) the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; (c) Article 257(1) of the Criminal Act with regard to the part of the instant facts charged, which inflicted an injury on the victim as a dangerous object.
In this regard, according to the Punishment of Violences Act amended on January 6, 2016, the above provision, which stipulates that a person who committed an injury by carrying a deadly weapon or other dangerous object shall be punished by imprisonment with prison labor for more than three years, was deleted. On the same day, Article 258-2 (1) of the Criminal Act, which stipulates that a person who committed an injury by carrying a dangerous object shall be punished by imprisonment with prison labor for more than one year, but not more than ten years, was newly established. In light of the circumstances leading to the amendment of the above Act, etc., it can be deemed that in light of the fact that the previous statutory punishment was too bad, this part of the facts charged cannot be applied any more, and Article 258-2 (1) of the Criminal Act, which provides that the former Punishment of Violences, shall be applied.
Therefore, the judgment of the court below cannot be maintained as it is.
3. Thus, the court below's decision is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 369 of the Criminal Act applicable to the crime and Article 369 of the choice of punishment.