상해등
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.
However, the defendant.
1. The summary of the grounds for appeal that the court below sentenced the Defendants to each sentence (Defendant A: Imprisonment with prison labor for 10 months, and Defendant B: Imprisonment with prison labor for 8 months) is too unreasonable.
2. The Defendants: (a) when D was boomed by a police box by assaulting the customers at the main place of the crime; and (b) the Defendant boomed the victims of the assault with a police box, and boomed the victims of the assault with a view to 10 times more or more; and (c) the Defendant inflicted an injury by taking the face of the victims of the assault with a view to aiding the victims of the crime; and (d) the nature of the crime is very good in light of
In order to eradicate the national legal order and the state of public authority, there is a social need to punish these crimes with heavy punishment.
However, the defendants recognized all the facts charged of this case in the trial of the party, there is no record of punishment heavier than a fine for the same kind of crime except for the juvenile saving time in the defendant B, the victim's injury seems to be significant, and the defendant B appears to have committed the crime of this case in the mind of seeking the defendant A. In addition, in full view of the defendants' age, dependents, sexual conduct, environment, motive and circumstance before and after the crime, and the sentencing conditions shown in the records and arguments of this case such as the defendant's age, dependents, sexual conduct, environment, motive and circumstance before and after the crime, each punishment that the court below sentenced to the defendants is too unfair.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendants' appeal is with merit, and the following decision is rendered again after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning criminal facts;
A. Defendant A: Article 136(1) of the Criminal Act (a) and the Criminal Act.