The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and three months.

2.2.2.2.2.31.

The following facts can be acknowledged according to the transitional records up to the review.

On April 23, 2014, the Defendant was sentenced to five years of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective weapon, injury by a deadly weapon, etc.), violation of the Punishment of Violences, etc. Act (a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a collective weapon, etc.), violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a violation

The Seoul High Court, the appellate court, reversed the judgment of the lower court on October 24, 2014, and sentenced three years and six months to imprisonment (2014No1354; hereinafter “Seoul High Court Decision”), and the said judgment became final and conclusive on November 1, 2014 as the attempts for the period of appeal.

After that, the Defendant filed a request for a new trial on the judgment subject to a new trial, and this court rendered a decision to commence a new trial on August 24, 2016 (2016 No. 149). Since there was no legitimate filing of an appeal within the appeal period, the above decision to commence a new trial became final and conclusive as it is

Summary of Grounds for Appeal

The punishment sentenced by the court below (three years and six months of imprisonment) is too unreasonable.

Before the judgment on the grounds for appeal ex officio, the prosecutor applied for changes in the indictment with regard to "violation of the Punishment of Violences, etc. Act (a collective weapon, etc.)" in the name of the defendant in the trial following the commencement of a retrial; "Violation of the Punishment of Violences, etc. Act (a collective weapon, etc.)" in the name of the defendant as "special injury"; "Special Violence" in Articles 3 (1), 2 (1) 1 and 3 of the Punishment of Violences, etc. Act (a collective weapon, etc.) and Articles 257 (1) and 260 (1) of the Criminal Act; and "Article 258-2 (1), 257 (1), 261, and 260 (1) of the Criminal Act" in the applicable provisions of Articles 258-2 (1), 251 (1), and 260 (1)

However, each of the above parts and the remaining criminal facts in the judgment of the court below are one of the concurrent crimes under the former part of Article 37 of the Criminal Act.