폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. Progress of judgment;
A. The lower court found the Defendant guilty of all the charges of this case and sentenced the Defendant to imprisonment with prison labor for a year and six months.
B. On this ground, only the Defendant appealed on the grounds of mistake of facts and illegality in sentencing, and the court of the first instance prior to the remanding of the case rejected all the Defendant’s assertion of mistake of facts and rejected the Defendant’s appeal.
(c)
A defendant filed a final appeal against the judgment of the court of first instance on the grounds of mistake of facts and unfair sentencing. The court of final appeal on the grounds that the judgment of the court of first instance prior to the remanded the case was rendered, and the court of final appeal on the grounds that the defendant carried beer disease, which is a dangerous thing, and inflicted an injury on the victim E during the instant facts charged (amended by Act No. 13718, Jan. 6, 2016).
(B) The Criminal Act enacted by Act No. 13718, Jan. 6, 2016; Article 258-2 (Special Bodily Injury) was newly established, and Article 258-2 (Special Bodily Injury) of the Punishment of Violences Act was newly established, and Article 257 (1) of the Act provides that “When a person commits a crime under Article 257 (1) or (2) by force or carrying a dangerous object, he/she shall be punished by imprisonment with prison labor for not less than one year nor more than ten years.
Article 258-2(1) of the former Punishment of Violence Act, instead of deleting Article 3(1) of the same Act, which provides for the requirements for the aggravated composition of Article 257(1) of the Criminal Act, is newly established and the statutory penalty is lower than that of Article 3(1) of the former Punishment of Violences Act. In light of the general risk with the sign of the aggravated constituent elements, even if considering the risk of the sign of the aggravated constituent constituent elements, the circumstances leading up to the individual crime, the specific form of the act, and the degree of infringement of legal interest, etc., the punishment should be uniformly aggravated by imprisonment with prison labor for not less than three years.