폭력행위등처벌에관한법률위반(공동상해)등
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for not less than 11 months, and Defendant B shall be punished by imprisonment for not more than 8 months.
1. Summary of grounds for appeal;
A. Each sentence (Defendant A: Imprisonment with prison labor of one year and two months, and Defendant B: 10 months) declared by the court below to the Defendants is too unreasonable.
B. Each sentence sentenced by the court below to the Defendants is too uneasible and unfair.
2. Unfavorable circumstances: The nature of each of the crimes in this case is very poor in its location, motive, method, result, etc.
Defendant
A has three times of punishment for the same crime (one-time of punishment, one-time of suspended execution, and one-time of fine), and Defendant B has three times of punishment for the same crime.
The defendants recognized each of the crimes of this case.
Defendant
At the court below, A submitted a written application to the effect that the victim J was not punished against Defendant A in agreement with the victim J, and that the victim F would be a preference against Defendant A in the trial of the party.
In the court below, the defendants deposited 5 million won for the victim E, 1 million won for the victim F, and 1 million won for the victim E, respectively, and in the court below, 15 million won for the victim E, and 5 million won for the victim F, respectively.
In full view of the aforementioned unfavorable circumstances, including favorable circumstances, the age and character environment of the Defendants, the relationship to the victims, the motive of the crime, the result of the motive of the crime, and the circumstances after the crime, etc., the sentence imposed by the lower court to the Defendants is too unreasonable.
3. As the defendants' appeal is reasonable, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment shall be rendered again after pleadings (in the event that the prosecutor's appeal is without merit, but the judgment of the court below shall be reversed by accepting the defendants' appeal, the prosecutor's appeal shall not be dismissed separately from the order). 【Grounds for the new judgment of the court below and the summary of the facts and evidence acknowledged by the court below.