상해등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) Although the Defendant did not assault the Victim J but did not jointly commit, the lower court found Defendant guilty of this part of the facts charged, and the lower court erred by misapprehending the facts.
2) The lower court’s improper sentencing is too unreasonable.
B. The lower court’s sentencing is too uncomfortable.
2. Determination
A. The lower court determined that, in full view of the relationship between the Defendant and A, the motive and circumstance of the crime, and the means and method of the crime, etc. acknowledged by comprehensively taking account of the adopted evidence, the Defendant and A recognized the crime of assault by another person on the same opportunity at the same place at the time and recognized by the Defendant and A, and jointly used the same intent to commit the crime.
In light of the records, the above fact finding and judgment of the court below is just and it does not contain any error of law as alleged by the defendant in the judgment below.
B. Considering that the nature of the crime of this case is not good, and that the defendant committed the crime of this case again even though he had the same criminal record at several times, strict punishment against the defendant is needed.
However, considering the fact that the defendant generally repents his mistake, that there is no criminal conviction exceeding the fine, and that there is no criminal conviction against the defendant, and other conditions of sentencing specified in the argument of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is deemed appropriate, and it does not seem unfair because the sentence imposed by the defendant is too heavy or unfeasible. Thus, the above argument by the defendant and the prosecutor is without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and thus, all of them is in accordance with Article 364(4) of the Criminal Procedure Act.