폭력행위등처벌에관한법률위반(공동상해)등
The judgment below
The part against the Defendants is reversed.
Defendant
A Imprisonment with prison labor for six months and for one year.
1. Summary of grounds for appeal;
A. Defendant A (i) In a cafeteria of mistake of facts, the Defendant only told K to be a trial with other customers and did not interfere with the restaurant business.
Dob. The sentence of unfair sentencing (ten months of imprisonment) by the lower court is excessively unreasonable.
B. Defendant B (unfair punishment)’s imprisonment (one year and six months of imprisonment) is excessively unreasonable.
2. Determination
A. The following circumstances acknowledged by the lower court’s judgment on the assertion of mistake of facts and evidence duly adopted and investigated by the trial court and the trial court, that is, the victim M made it clear that the Defendant and the two parties of the Defendant and the two parties of the Defendant and the two parties of the lawsuit jointly expressed that they were in a cafeteria, and that the Defendant led to a sound and a voice with others, in the court of the lower court, the Defendant led to the confession of this part of the facts charged, and the police stated that K was able to avoid a disturbance at the cafeteria with the Defendant, and K testified only testified in the court of the first instance that the Defendant told himself of a disturbance. However, in light of the relationship between the Defendant and the party, it is difficult to believe that the statement was as it is, in full view of the fact that the Defendant interfered with the above victim’s restaurant business.
Therefore, the defendant's above assertion is without merit.
It is recognized that the Defendant’s judgment on the assertion of unfair sentencing is not very good for committing each of the instant violent crimes as organized violence, and that the Defendant is likely to commit the instant crime without being aware of the fact that the Defendant committed each of the instant crimes without being aware of even during the period of repeated crime due to the same crime, and that there are a number of criminal offenses (two times of imprisonment, two times of suspended execution of imprisonment, three times of fine) resulting from the same criminal act.
However, the fact that the defendant generally reflects the wrongness, the victims and the original agreement, and the age, character, conduct and environment of the defendant, the background of the crime in this case, and the circumstances after the crime are committed.