폭력행위등처벌에관한법률위반(공동상해)
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. In light of the fact that Defendant A is in profoundly against Defendant A, Defendant A also suffered serious injury due to assault from the victim C, Defendant A agreed to pay KRW 2 million to the victim C at the court below, and the circumstance of the company run by the above Defendant due to the detention of Defendant A is very difficult, punishment (eight months) imposed by the court below is too unreasonable.
B. In light of the fact that Defendant B fighting between Defendant A and the victim C was the fighting of the instant crime, and there was no intention to commit the assault jointly with Defendant A, and that Defendant A was unable to expect that Defendant B would inflict an injury by taking part in the victim C; Defendant B suffered an injury in the instant case; Defendant B was also faced with the neck and ear; Defendant B was engaged in very strong and sincere volunteer activities between them; Defendant B was living in an old and sincere manner on September 4, 2017; and deposited KRW 3 million for the victim C on September 4, 2017, etc., the sentence imposed by the lower court (six months of imprisonment) is too unreasonable.
2. In our criminal litigation law, which takes the trial-oriented principle and the direct principle, there is no change in the conditions of sentencing compared to the first instance court, and the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In this case, there is no special circumstance or change in circumstances that are newly considered after the sentence of the lower court, except for the case where Defendant B deposits KRW 3 million for the victim C at the first instance court.
The victim C suffered a serious injury that is difficult to recover due to a non-discriminatory assault committed by the Defendants.
In addition, the age, sex, environment of the Defendants, including those favorable or unfavorable to the Defendants.