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The part of the judgment of the first instance and the judgment of the second instance against Defendant A shall be reversed, respectively.
Defendant
A shall be punished by imprisonment with prison labor for three years.
Reasons
1. Summary of grounds for appeal;
A. Each punishment sentenced by Defendant A (the first instance court: imprisonment with prison labor for three years, and the second instance court’s imprisonment with prison labor for one year) is too unreasonable.
B. The punishment of one and half years of imprisonment sentenced by the court below by Defendant L 2 is too unreasonable.
2. Determination:
A. We examine ex officio the grounds for appeal by Defendant A prior to determining ex officio on the grounds of appeal by Defendant A.
(1) In the trial of the court of first instance, the prosecutor applied for special intimidation against the Punishment of Violences, etc. Act (a violation of the Punishment of Violence, etc. Act (a collective, deadly weapons, etc.) among the facts charged against the court of first instance, and the modification of the indictment to the contents of Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act among the applicable provisions of laws, respectively, under Articles 284 and 283(1) of the Criminal Act. By permitting this, the court of first instance, thereby permitting it, became no longer
(2) Furthermore, we examine the violation of the Punishment of Violences, etc. Act (the detention of a group, deadly weapon, etc.) among the facts charged in the first instance judgment.
Article 260(1) and 283(1) of the Criminal Act (amended by Act No. 12896, Dec. 30, 2014; 2015HunBa3, 9, 211; 2015HunGa14; 2015HunGa18, 2015HunGa18, 20, and 25 (Consolidation); Article 3(1) of the former Punishment of Violences, etc. Act (amended by Act No. 7891, Mar. 24, 2006; 260(1) and Article 283(1) of the Criminal Act (amended by Act No. 12896, Dec. 30, 201); and Article 3(1) of the same Act (amended by Act No. 12896, Mar. 16, 201; hereinafter referred to as “person who committed a crime by carrying a deadly weapon or other dangerous articles with him”)