폭력행위등처벌에관한법률위반(공동상해)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
Summary of Grounds for Appeal
The punishment sentenced by the court below (six months of imprisonment, two years of suspended execution) is too unreasonable.
2. The Defendant committed the instant crime in collaboration with Co-Defendant B, C, and D of the lower judgment, and in light of the background and method of the instant crime, the number of victims, and the degree of injury suffered by the victim E, etc., the Defendant’s liability for the instant crime is not easy, and the remaining victims except the victim E did not reach an agreement, etc. are disadvantageous to the Defendant.
However, in the past when the defendant was in the trial, the defendant showed the attitude of recognizing and opposing all crimes, the fact that the above victim does not want to punish the defendant under an agreement with the victim E who suffered the most serious damage, the injury suffered by the victims except the victim E is relatively minor, the degree of the defendant's participation in the crime of this case is relatively minor, compared to the co-defendants of the court below, and the fact that the defendant's participation in the crime of this case is a primary
In addition, considering the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, various sentencing conditions as shown in the arguments in this case, such as the circumstances after the crime, etc., the sentence imposed by the court below is deemed to be too unreasonable, and thus the defendant's above assertion is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
[Discied reasoning of the judgment below] The criminal facts and summary of evidence recognized by the court below and the summary of evidence are as follows: except for the change of "1. Part of defendant A's legal statement" to "1. The defendant's legal statement at the trial court" as "1. The defendant's legal statement at the trial court", it is identical to each corresponding column of the judgment of the court below, and thus, it is in accordance with Article 3