폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that, for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (three years of suspended execution in one year and six months of imprisonment, and 120 hours of probation and community service order) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor filed an application for changes in indictment with respect to the charge against the defendant as "special injury" from "violation of the Punishment of Violences, etc. Act (a collective injury with deadly weapons, etc.)", and the applicable provisions of the Act to "Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act" were amended to "Article 258-2 (1) and Article 257 (1) of the Criminal Act." Since the court permitted this, the judgment of the court below was changed to the subject of the judgment by this court, it became impossible to maintain it as it is.
3. Therefore, 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, and the judgment below is again decided as follows after oral argument.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is the same as that of each corresponding column of the judgment of the court below, thereby citing them as they are.
Application of Statutes
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. The reason for the suspended sentence under Article 62(1) of the Criminal Act ( favorable circumstances among the reasons for sentencing below) recognizes and reflects the defendant's mistake, smoothly agreed with the victim, the corresponding provision of the Act on the Punishment of Violences, etc., which was originally applied to the defendant, was deleted due to the amendment of the Act, and the defendant was punished as a special injury under the minor Criminal Act through the amendment of the Act, while there are favorable circumstances for the defendant.