beta
Text
1. The part of the judgment of the court below against Defendant A, B, C, and D shall be reversed.
2. The term of imprisonment with prison labor for the defendant A.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court is too unreasonable.
B. The Prosecutor (as to Defendant A, B, C, and D), the lower court’s sentence is too unhued and unreasonable.
(1) The prosecutor argued in the appellate brief that Defendant A, B, C, and D used to commit an injury to the victim BD and BE constituted a dangerous object. However, at the fourth trial date of the trial of the first instance, the prosecutor withdrawn the aforementioned factual mistake and claimed it as the ground for appeal only for an improper appeal.
However, the prosecutor applied for permission to amend the Bill of Indictment to the effect that the defendant A, B, C, and D committed the crime of bodily injury with dangerous articles, and this court permitted it. In this regard, the prosecutor examined the following parts of "the new judgment on the defendant A, B, C, and D".
2. The judgment ex officio (as to Defendant A, B, C, and D), prior to the judgment on the grounds for appeal, the prosecutor tried ex officio, and the prosecutor applied for the amendment of the indictment to the effect that “the violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.)” in the name of each of the instant offenses against Defendant A, B, C, and D was “special injury”, and the applicable law to each of them was amended to “Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act,” and “Article 258-2(1) and Article 257(1) of the Criminal Act,” respectively, and this court was changed to the subject of the judgment.
On the other hand, the court below found Defendant A, B, C, and D not guilty of violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) among the facts charged against Defendant A, and found Defendant guilty of violation of the Punishment of Violences, etc. Act (joint injury) included in the above facts charged, and each of the above Defendants committed a violation of the Punishment of Violences, etc. Act (joint injury) and the remaining facts charged are concurrent crimes under the former part of Article 37 of the Criminal Act.