폭력행위등처벌에관한법률위반(공동폭행)
The judgment below
Of the above, the part against Defendant A shall be reversed.
Defendant
A shall be punished by a fine of KRW 1,000,000.
Defendant .
1. The gist of the grounds for appeal is that the lower court’s punishment (a fine of one million won, a fine of one million won, and a fine of one million won: a fine of 1.5 million won) is too uneased and unreasonable.
2. Determination
A. We examine ex officio prior to determining the grounds for appeal against Defendant A by the public prosecutor ex officio with respect to Defendant A.
Of the facts charged in the instant case, the facts pertaining to Defendant A are as follows: “Defendant A assaulted Victim E and G jointly with Defendant B,” and the crime of violation of the Punishment of Violences, etc. Act (joint assault) is established for each victim. As such, Defendant A’s violation of the Punishment of Violences, etc. Act (joint assault) constitutes substantive concurrent crimes under the former part of Article 37 of the Criminal Act.
Nevertheless, the court below erred by omitting the aggravation of concurrent crimes pursuant to the former part of Article 37 and Article 38(1) of the Criminal Act in applying the laws and regulations against Defendant A. In this regard, since these errors affected the judgment of the court below, the part against Defendant A in the judgment of the court below cannot be maintained any more.
B. It is recognized that Defendant B had a record of having been punished four times of a fine by an act of violence, etc. on the grounds of appeal as to Defendant B.
However, in full view of the following factors: (a) the Defendant led to the confession of all of the instant crimes; (b) agreed with the victim E, G, and H; (c) the degree of the assault of this case and the damage to property; and (d) other factors of sentencing as indicated in the instant pleadings, such as Defendant B’s age, character and conduct, environment, and the developments and consequence of each of the instant crimes; and (c) the circumstances after the commission of the crime, etc., it is recognized that the lower court’s sentence against
3. Thus, the prosecutor's appeal against the defendant B is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. The part of the judgment below against the defendant A among the judgment below is without merit and there is a ground for ex officio reversal as seen above.