폭력행위등처벌에관한법률위반(공동상해)
The judgment of the court below is reversed.
Defendants shall be punished by a fine of three million won.
The above fine shall not be paid by the Defendants.
【Judgment on Grounds for Appeal】
1. The main point of the grounds for appeal is that the sentence of the lower court (a fine of one million won, a fine of two million won, and a fine of two million won) against the Defendants is too unhued and unreasonable.
2. The judgment of the court below is unreasonable in light of the following circumstances: the defendants led to the confession of the crime and the agreement with the victim D, and the degree of injury inflicted on the victim D is relatively minor; however, the crime of this case is committed jointly by the defendants to the victim D who prevented the defendant's act of suffering from exposure to the victim Eul, thereby obstructing the police officer's legitimate performance of official duties and destroying public goods; further, the crime of this case is not good; the defendant A has ten or more times of violence, one time of obstruction of performance of official duties, one time of violence, one time of obstruction of performance of official duties, and one time of obstruction of official duties; the defendant B is deemed to have the criminal records of violence and one time of obstruction of official duties; the crime of obstruction of official duties needs to be strictly punished to interfere with the legitimate exercise of public power; and other various circumstances, such as the age, character, environment, motive, motive, means and result of the crime, etc. of the defendants, which are the conditions for sentencing in this case.
3. As the prosecutor's appeal is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.
[Reasons for the decision to see] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is citing it as it is in accordance
Application of Statutes
1. Article applicable to criminal facts;
(a) Defendant A: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act
B. Defendant B: Violence, etc.