폭력행위등처벌에관한법률위반(공동상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
The prosecutor asserts that the sentence of the court below is too uneasible and unreasonable as the grounds for appeal of this case.
In full view of all the sentencing conditions shown in the records and arguments of this case and the fact that the defendant committed each of the crimes of this case during the period of suspension of execution, the court below's punishment is too uneasible and unfair.
Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act and the following is ruled again
Criminal facts
The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and thus, they shall be quoted by Article 369 of the Criminal Procedure Act
Application of Statutes
1. Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Articles 314 (1) and 30 of the Criminal Act, Articles 314 (1) and 30 of the Criminal Act, the choice of imprisonment for a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;