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The judgment of the court below is reversed.
Defendant shall be punished by imprisonment with prison labor for two years and fine for 200,000 won.
The above fine shall be imposed on the defendant.
Reasons
1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of three years and the fine of two hundred thousand won) is too unreasonable.
2. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor examined the case in question, and changed the "violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" to "special injury" and "violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. (a group, deadly weapon, etc.)" from among the names of the crimes against the defendant against the defendant, and "Article 3 (1) and 2 (1) 1 and 3 of the Act on the Punishment of Violences, etc., and Articles 366 and 257 (1) of the Criminal Act" in the applicable legal provisions to "Article 258-2 (1), 257 (1), 369 (1), and 366 of the Criminal Act" to "an amendment to the Act on the Punishment of Violences, etc., and thus, the court below's application for permission was no longer possible.
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged by this court and the summary of the evidence are as follows: “Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” (a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) No. 2; and “Violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) No. 14” (a violation of the Punishment of Violence, etc. Act (a group, deadly weapon, etc.) as “3. Special Bodily Injury” (a violation of the Act). As such, it is cited as it is in accordance with Article 3
Application of Statutes
1. Article 246(1) of the Criminal Act applicable to the crime, Article 246(1) of the Act on the Selection of Punishment (Gambling) and Articles 369(1), 366 of the Criminal Act (a) and Article 258-2(1) and 257(1) of the Criminal Act (a dangerous article carrying a dangerous article).