폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
Defendant
B A person shall be punished by imprisonment for two years.
except that, for a period of four years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. In light of the fact that Defendant B (unfair sentencing) recognized Defendant B’s wrong and reflects the wrongness, that it is difficult to implement the community service order while performing daily work without good health due to circulation, and that the victim expressed his intent that he does not want the punishment of Defendant B, etc., the sentence of the lower court that sentenced the community service order for a two-year period of suspension of execution, the order to observe the protection, and the order to observe the protection, is too unreasonable.
B. The prosecutor (misunderstanding of facts, and Defendant A) stated in the investigative agency that “the victim saw the victim her drinking while taking a bath first, and she saw the victim her drinking with his arms, and Defendant B her own disease.” The court below stated in the court below as follows: “I am the victim as soon as possible because I am the victim because I am the victim because I am the victim her drinking, I am the victim her drinking.” On the other hand, it is difficult to believe that the statement is inconsistent, while the victim made a consistent statement that “I am the head of Defendant B with Defendant B, who would be unable to escape due to Defendant A her knishment. I am the victim her hair.”
Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, on the grounds that the victim’s statement is difficult to believe and the remaining evidence submitted by the prosecutor alone is insufficient to recognize the fact that Defendant A participated in the crime committed by Defendant B, and there is no other evidence to acknowledge it.
2. Determination
A. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
In the first instance, a prosecutor shall use the name of the crime against the Defendants as "special injury" from "Violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.)", and Article 3 (1) and Article 2 (1) of the Punishment of Violences, etc. Act.