폭력행위등처벌에관한법률위반(공동상해)
All appeals by the Defendants and the Prosecutor are dismissed.
Summary of Grounds for Appeal
Defendant
A (M) The Defendant did not take part in the crime of this case.
Defendant
B Other crimes are recognized, but knee part of victim H's knee is unrelated to the defendant.
Defendant
C (In fact-findings, unreasonable sentencing) other crimes are recognized, but the victim H's infeeeng part is unrelated to the defendant, and the sentence (fine 5 million won) imposed by the court below against the defendant is too unreasonable.
The prosecutor (unfair punishment) sentenced by the court below to the defendants (the fine of two million won is imposed on the defendants A, the fine of three million won is imposed on the defendants B, and the fine of five million won is imposed on the defendants C) is unfair.
Judgment
Although the Defendants asserted the same contents in the court below's determination of mistake of facts, the court below held that the Defendants guilty on the following part of "the application of the law" as to the grounds for the judgment, which is compared with the evidence duly adopted and examined by the court below and the trial court, the judgment of the court below which found the Defendants guilty of all the facts charged in this case is just, and there is no error of law as alleged by the Defendants.
Defendant
The Defendants deposited money for victims, Defendant A and C, who had not been subject to criminal punishment before the instant case, Defendant B was only the first offender prior to the criminal punishment, Defendant A’s participation in the instant crime, and Defendant A was relatively minor, and the victims of the instant crime committed by themselves due to their own vision and negligence, etc. are considered in favor of sentencing.
On the other hand, the degree of injury suffered by the victims in the instant case is serious, and the Defendants’ nature of the crime is not good in light of the content and method of the use of violence, and the victims’ strong punishment against the Defendants are trying to be punished, etc. are disadvantageous to the sentencing.
This is the same.