폭력행위등처벌에관한법률위반(공동상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than five months.
1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.
2. The judgment of the defendant does not know the victim's face while the defendant was a repeated offender, and the defendant's sentence is inevitable in light of the price method by which a pregnant woman, who is a pregnant woman of the victim, was assaulted by the victim from the victim without the victim's name, to blood transfusion, the result of damage, etc.
However, a thorough examination of the background and progress of the instant crime based on the results of the sentencing review and evidence records in the trial of the court, the Defendant was not a person with no name or behavior between the escape, and the defendant was found to have used violence by putting his name in fighting between the person with no name or the victim, and the defendant was found to have committed violence by fighting between the victim and the victim. While the defendant was divided by mistake, the defendant agreed with the victim by the investigative agency, and blue and re-incing the business start-up, the defendant was found to have reached an agreement with the victim, and the flue and re-incted, and other conditions of the sentencing as shown in the records, the sentence of the court below seems to be somewhat inappropriate.
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 to be cited in accordance with Article 369 of the Criminal Procedure Act, since the facts charged in the judgment of the court below are the same as the corresponding column of the judgment of the court below, except for the deletion of "the accused."
Application of Statutes
1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (1) of the Act on the Election of Violences, etc. and Article 257 (1) of the Criminal Act (Selection of Imprisonment);
1. Article 35 of the Criminal Act among repeated crimes;