폭력행위등처벌에관한법률위반(공동상해)등
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for ten months.
However, the two years each from the date this judgment becomes final and conclusive.
1. The sentence (10 months of imprisonment with prison labor for Defendant A and 1 year of imprisonment with prison labor for Defendant B) pronounced in the original instance on the gist of the reasons for appeal is too unreasonable.
2. The judgment of the court below did not seem to be against the judgment of the court below while denying the crime of this case, and the victim D died with an estimated level of 3 months after the crime of this case, and it seems that the injury of the defendants was affected by a certain degree. In addition, the defendant A interfered with the performance of official duties by causing direct assault to police officers, and the defendant B did not cause the crime of this case, and the defendant B did not act such as photographing the victim D with a cell phone, and it did not seem to be against the judgment below, and the victim D died with an estimated level of 3 months after the crime of this case, and the injury of the defendants was affected by a certain degree, and the defendants were sentenced to a fine for negligence with a trial expense without any particular reason, and there is no possibility to be any inconvenience or criticism of the crime of this case, such as the crime of this case.
However, there are other circumstances that should be considered in favor of the Defendants in determining the punishment of the Defendants, such as the Defendants’ bereaved families and victims’ consent from the lower court to the trial court, the victims did not want the punishment of the Defendants, the Defendants took the attitude of recognizing and reflecting all the mistakes, Defendant A was sentenced in around 2008, Defendant B did not have the same criminal history as stated above, and Defendant B did not have the same kind of crime for violent crimes with the same content in around 2008 and around 2011, and the Defendants got under custody for a considerable period of time.
The above circumstances and the defendants' other circumstances.