폭력행위등처벌에관한법률위반(공동상해)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 100,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of KRW 300,00) is too unreasonable.
2. Prior to the instant case, the Defendant had been punished several times for violent crimes, and there was no other means to take measures to recover damage against the victim. However, when considering the fact that the Defendant was found to have committed the instant crime at the time of the first instance, the Defendant recognized the instant crime at the time of the first instance, and reflects it, and the circumstances of the instant case, the Defendant, who was the victim fighted by having fighting with the victim first expressed a severe desire to C, is likely to take into account the circumstances of the Defendant’s participation, and the degree of injury is relatively minor, and the degree of injury of the victim is not excessive, and the victim expressed clearly that the Defendant does not want the punishment of the Defendant at the court of the lower court, and the Defendant expressed that the Defendant does not want the punishment of the Defendant at the court of the lower court clearly, taking into account all the circumstances such as the fact that there is no economic condition as the basic recipient of old age, it seems somewhat unreasonable to punish the lower court that sentenced a fine of KRW 300,000.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is the same as the corresponding column of the judgment of the court below, except where the "part of the defendant's written statement" in the summary of the evidence of the court below is "written statement at the court of the defendant" as "written statement at the court of the defendant," and thus, it is also cited in accordance
Application of Statutes
1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes and Article 2 (1) of the same Act concerning the Selection of Punishment of Violences, etc. and Article 257 (1) of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;