폭력행위등처벌에관한법률위반(공동폭행)
Of the judgment of the court below of first instance, the part on Defendant B and the judgment of the court of second instance are reversed.
Defendant
B shall be sentenced to eight months of imprisonment.
Summary of Reasons for Appeal
A. Each sentence of the first instance court (each fine of two million won) against the Defendants in the grounds of appeal by the prosecutor is deemed to be too uneasy and unfair.
B. Defendant B’s grounds for appeal 1) At the time of each of the crimes indicated in the judgment of the court below, the Defendant was in a state of lacking the ability to discern things or make decisions due to mental illness, such as depression, labor-management disorder, etc.
Each appeal case against Defendant B was consolidated with the judgment of the court below on the grounds for appeal by Defendant B and the prosecutor. Each of the offenses of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and one of the concurrent offenses under Article 38(1) of the Criminal Act should be sentenced within the scope of the term of punishment, for which the aggravated punishment is imposed pursuant to Article 38(1) of the Criminal Act. In this regard, the part against Defendant B among the judgment of the court below of first instance and the judgment
Nevertheless, the defendant B's defectiveness or mental disability claim is still subject to the judgment of this court, and this is examined below.
Defendant
In light of the circumstances such as the background leading up to the instant crime, the means and method of the crime, the Defendant’s behavior before and after the instant crime, etc., it does not seem that the Defendant was in a weak state of ability to discern things or make decisions due to mental illness, such as depression, depression disorder, etc. at the time of each of the instant crimes.
Therefore, the defendant's argument of mental disability is without merit.
Defendant
On the grounds of appeal by the prosecutor against A, the defendant has a record of being punished several times, including one time of suspended sentence for violent crimes related crimes, and there is no record of being punished for violent crimes since 2008.