폭력행위등처벌에관한법률위반(공동상해)등
All of the appeals by prosecutors are dismissed.
1. The lower court’s sentencing against the Defendants on the gist of the grounds of appeal is too uncomfortable.
2. When comprehensively considering the various matters and the applicable sentences, etc., which are the conditions of sentencing in the trial of the judgment party, the judgment of the court below is deemed to belong within the reasonable scope of the discretion, and there is a change in the conditions of sentencing in the trial of the party concerned.
Considering the fact that it cannot be seen, the prosecutor’s above assertion is without merit, since the lower court’s punishment is too unfilled and unreasonable.
3. In conclusion, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Provided, That since it is evident that the court below erred in the application of the law, it is obvious that there is a mistake in the application of the law, it is corrected to ex officio change as follows in accordance with Article 2
1. The pertinent provision of the Punishment of Violences, etc. Act; Article 2(2) and 3 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016; hereinafter the same shall apply); Article 2(1)3 of the Criminal Act; Article 2(2) and 1 of the former Act of breadth; Article 2(1)1 of the Criminal Act; Articles 260(1) and 36 of the Criminal Act; Articles 36 and 30 of the Criminal Act; Article 314(1) and 30 of the Criminal Act (amended by Act No. 1371, Jan. 6, 2016); Article 2(2) and (3) of the former Criminal Act (amended by Act No. 1372, Feb. 1, 2016); Article 2(2) of the former Criminal Act (amended by Act No. 1060, Mar. 16, 2012>