폭력행위등처벌에관한법률위반(공동상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and ten months.
1. The summary of the grounds for appeal (the Prosecutor and the Defendant’s sentencing both are unfair) that the lower court pronounced (one year and six months of imprisonment) is too weak or unreasonable.
2. It seems that the defendant agreed with the victims of the crime of interference with the business of this case. However, in light of the motive, circumstance, method and result of each crime of this case, the quality of the crime is inferior, and the defendant committed the same repeated crime during the same repeated crime period. ② The defendant was sentenced 59 times or criminal punishment (6 times before and after the sentence was imposed) and most of these crimes were committed violent crime. ③ The defendant committed each crime of this case five times during the three weeks south of Seoul Southern District Court, including the crime of interference with the business of this case and the crime of interference with the business of this case, injury, and the crime of violence, which was sentenced for 10 months at the Seoul Southern District Court sentenced to punishment, and the crime of interference with the business of this case was completed and released from the court, and ④ The defendant appeared to have neglected the legal order, and as such, the defendant did not make efforts to improve the behavior of this case, it seems that the punishment of this case is too unreasonable.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 2(2)3 of the Act on the Punishment of Violences, etc. against Criminal Facts, Article 257(1) of the Criminal Act (the point of joint injury), Article 314(1) of the Criminal Act (the point of interference with business), Article 260(1) of the Criminal Act (the point of violence) of each Criminal Act, Article 257(1) of the Criminal Act (the point of harm) and Article 257(1) of the Criminal Act, each of the choice of imprisonment.