폭력행위등처벌에관한법률위반(공동상해)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 8,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The sentence imposed by the prosecutor (four months of imprisonment) is too unhued and unfair.
B. The sentence imposed by the lower court is too unreasonable.
2. The judgment has a record of being sentenced to a fine twice for violent crimes, and in particular, even though the period of suspension of execution due to the crime of bodily injury is under way, the crime of this case is committed, the degree of injury to the victim G is serious, and the defendant has fled for a considerable period after the crime is disadvantageous to the defendant.
However, in full view of all the circumstances such as the Defendant’s age, character and behavior, living environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment is somewhat unreasonable, in view of the following: (a) the Defendant led to the Defendant to commit the instant crime; (b) the Defendant committed the instant crime by contingently and agreed with the victims; and (c) the Defendant’s age, character and behavior, living environment, family relationship, motive, means and consequence; and (d) the period
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, and the judgment below is again ruled
(2) Article 369 of the Criminal Procedure Act provides that “If an appeal by a defendant is reversed on the grounds that the judgment of the court below is well-grounded, the prosecutor’s appeal shall not be dismissed.” The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the entries in the respective corresponding columns of the judgment below.”
Application of Statutes
1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc., and Article 2 (1) of the same Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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;