The judgment below

The guilty part (including the part not guilty) shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The progress of litigation and the scope of adjudication for the party concerned;

A. The lower court acquitted the Defendant on the charge of attempted murder, which is the primary charge of the instant facts charged, and acquitted the Defendant on the charge of violating the Punishment of Violences, etc. Act (Assaults such as group, deadly weapons, etc.) and the Punishment of Violences, etc. Act (Intimidation to exist in group, deadly weapons, etc.). In so doing, the lower court found the Defendant guilty of attempted murder of the present main charge of the instant facts charged, and sentenced the Defendant to two years, on the charge of violating the Punishment of Violences, etc. Act (the existence of a group, deadly weapon, etc.).

2) On the grounds of misunderstanding of facts and misunderstanding of legal principles with respect to the guilty portion among the judgment below, the prosecutor filed each appeal on the grounds of misunderstanding of facts about the acquittal portion among the judgment below and misunderstanding of sentencing with respect to the guilty portion.

3) Prior to remand, the lower judgment was reversed on the grounds that the Defendant’s assertion of misunderstanding of the facts and misapprehension of legal doctrine and the prosecutor’s assertion of the facts was all rejected, and the sentence imposed by the lower court was too unfair, and the Defendant was reversed, and sentenced to two years of imprisonment, suspension of execution, three years, and observation for protection. As in the lower judgment, the lower court acquitted the Defendant of attempted murder of respect, which is the primary charge, and acquitted the Defendant of violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act (a collective act, a deadly weapon, etc.) and violation of the Punishment of Violences,

4) As to this, the Defendant filed an appeal on the guilty part of the judgment prior to remand on the grounds of the failure of trial, violation of the principle of free evaluation of evidence, and misapprehension of legal principles.

5) The Supreme Court rejected all of the Defendant’s allegation of the grounds of appeal. However, the Supreme Court’s conviction of the judgment of the court of first instance prior to the return constitutes “when the punishment is less than that of the former Act due to the amendment of the statutes after the crime” and should be reversed.