폭력행위등처벌에관한법률위반(공동상해)등
The judgment below
Part concerning each crime of No. 2 of the judgment shall be reversed.
As to each crime listed in Article 2 of the judgment of the defendant.
1. The summary of the grounds for appeal (e.g., punishment of KRW 1,50,00 and punishment of KRW 2,00,000 and imprisonment of KRW 6 months) of the original judgment is too unreasonable.
2. Determination
A. It is reasonable to take into account the fact that the Defendant divided this part of the crime and reflected against the Defendant in the part of the crime No. 1 of the judgment below.
However, this part of the crime is an unfavorable circumstance to the defendant, such as the fact that the defendant assaults the victim F with his accomplice without any particular reason and inflicted an injury in need of medical treatment for 14 days, and that the nature of the crime is not good, that is not agreed with the victim, that the defendant did not recover from damage, and that the defendant was sentenced to a fine for the crime of this paper, etc., and that the defendant has a record of being sentenced to a fine for the crime of this paper is unfavorable to the defendant. In full view of equity in the case where the defendant was tried at the same time as the crime of violation of the Punishment of Violence, etc. Act (joint injury) which became final and conclusive, and other sentencing conditions such as the defendant's age, character and behavior, environment
This part of the defendant's assertion is without merit.
B. The crime of this part of Article 2 of the judgment of the court below is a situation unfavorable to the defendant, such as the fact that the defendant, without any particular reason, destroyed a taxi owned by a civilian taxi company of the victim to take 540,000 won for repair expenses, and that it is not good to form a crime because he was insulting to the K slope dispatched after receiving a report, that is not agreed with the victim, that the defendant was sentenced to a fine for the same crime, that the defendant was sentenced to a fine for the same crime, and that the defendant committed this part of the crime without being aware of it
However, it is reasonable to consider the fact that the defendant repents and reflects his mistake, the degree of property damage and insult seems to be relatively minor, the fact that the defendant agreed with the victim of property damage and the defendant appears to have committed any contingent crime while under the influence of alcohol.