폭력행위등처벌에관한법률위반(공동상해)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that from the date of this judgment.
1. Summary of grounds for appeal;
A. As to Defendant 1’s misunderstanding of facts, the lower court found Defendant guilty of this part of the facts charged despite the fact that the Defendant did not assault H, with respect to the case No. 2012 high-class 1624, on the ground that there was an error of misconception of facts, by misapprehending the fact. 2) In so doing, the lower court convicted Defendant
Even if the first instance court is sentenced, the sentence of 10 months of imprisonment, 2 years of probation, and 120 hours of community service order is too unreasonable.
B. Regarding the part of the injury of Paragraph (1) of the crime in the case of 2012 Go-Ma1624, the court below erred by misapprehending the facts, since the defendant did not recognize the part of the defendant's participation and applied only a simple injury to the defendant, in light of the statement made by the investigation agency of the victim H and witness J, the court below erred by misapprehending the facts. 2) The court below's each sentence (the court below's judgment : 10 months of imprisonment, 2 years of probation, probation, community service order 120 hours, 20 hours of probation, 1 year of probation, 3 years of probation, probation, and community service order 20 hours) of the defendant, which was sentenced by the court below.
2. Prior to the judgment on each of the grounds for appeal above ex officio, the case of this Court No. 2013No1689, which is the appeal case against the judgment of the court of first instance, and the case of this Court No. 2013No2431, which is the appeal case against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of second instance. Each of the crimes in the judgment of the court of first and second instance is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the extent that aggravating concurrent crimes pursuant to Article 38(1) of the Criminal Act, so the judgment of the court of
However, there is reason to reverse the judgment below ex officio as above.
Even if the defendant and prosecutor's assertion of mistake is still subject to the judgment of this court.