폭력행위등처벌에관한법률위반(공동상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.
1. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.
2. The Defendant committed the instant crime in collaboration with the Defendant, Co-Defendant A, who is a co-defendant of the lower court, and inflicted an injury by assaulting the Victim H and I by assaulting the Victim H and I, and insulting the Victim K, and the act was not somewhat weak and did not reach an agreement with the Victim K until the trial was held.
However, in full view of the following circumstances: (a) the Defendant recognized all of the instant crimes and is in profoundly against the Defendant; (b) deposited KRW 500,000 to the Victim H; (c) deposited in the lower court; (d) the victim F, I, and agreed with the Defendant for the first time in the trial; and (c) the Defendant’s wife and the Defendant’s wife are the recipients of basic living with the disabled; and (d) other circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, motive or circumstance of the crime, means and consequence
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 summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) and (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the point of joint injury, the choice of imprisonment), Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Article 311 of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravated Punishment of Violences, etc. with the largest punishment)
1. Suspension of execution;