폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for one year and six months.
provided that this ruling has become final and conclusive.
1. The sentence imposed by the lower court (one year and six months of imprisonment) shall be excessively unreasonable.
2. In full view of the fact that the Defendants, in the process of fighting, injured the Defendants by their acts such as flaging the glass angle to each other and flaging the face face, the Defendants’ mistakes are bad and the danger is large, but the Defendants recognized and reflected the Defendants’ mistakes. In the past, the Defendants agreed smoothly to each other, the Defendants did not have any more criminal power than a suspended sentence, the Defendants were an contingent crime under the influence of alcohol, and other sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is deemed to be too unreasonable. Therefore, the Defendants’ arguments are reasonable.
3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.
【Reasons for the Judgment of the Supreme Court which has been written] Criminal facts and summary of the evidence are identical to the facts constituting the offense against the Defendants recognized by this court and the summary of the evidence, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act of the suspended execution;