폭력행위등처벌에관한법률위반(공동상해)
The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of KRW 300,000,000, and by a fine of KRW 700,00.
1. The summary of the grounds for appeal is too unreasonable that each sentence (a fine of 500,000 won is imposed on the Defendants, and a fine of 1 million won is imposed on the Defendants A) declared by the lower court on the Defendants.
2. The crime of this case committed jointly by the Defendants, resulting in the injury to the victim, not the liability for such crime.
However, the Defendants reflect their wrongness, and the Defendants found women threatened by the victim at their own house, and there are circumstances to take into account the circumstance that the victim suffered bodily harm to the victim in the process of and against it late at night, and the victim and the victim do not want the punishment of the Defendants, considering the circumstances favorable to the Defendants, such as the Defendants’ age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is somewhat unreasonable considering the following circumstances: (a) the victim and the victim do not want the punishment.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the following decision is rendered again.
[Discied reasoning of the judgment below] Criminal facts and the summary of evidence against the defendants recognized by this court are identical to the entries of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Punishment of Violences, etc. Act and Article 2 (2) 3 of the Criminal Act and Article 257 (1) of the Criminal Act concerning the Defendants who choose a punishment for an offense;
1. Defendants in the custody of a workhouse: Articles 70(1) and 69(2) of the Criminal Act
1. Defendants of the provisional payment order: Taking account of various circumstances as seen earlier, prior to sentencing of Article 334(1) of the Criminal Procedure Act.