폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for two years and for one year and six months, respectively.
However, the defendant.
1. The summary of the grounds for appeal asserts that the punishment of the court below (the imprisonment of two years and six months, the imprisonment of three years and confiscation) is too unreasonable.
2. Determination
A. The crime of this case committed by Defendant A was committed in collusion with Defendant B by carrying a dangerous object and causing injury to the victim. The nature of the crime is not weak. Defendant A had the record of punishment several times for the same crime, which was sentenced two times among them, and is disadvantageous to Defendant A.
However, in full view of the following circumstances: (a) Defendant A recognized a crime in the first instance trial; (b) the degree of injury of the victim is not much serious; (c) Defendant A deposited a certain amount for the victim in an investigative agency and the lower trial; (d) agreed with the victim in the trial; and (e) the family to support the Defendant A, etc., taking into account the circumstances favorable to the Defendant A; and (e) other circumstances, such as the Defendant A’s age, character and conduct, environment, motive and background of the crime, means and method of the crime; and (e) the circumstances after the crime, etc., the lower court’s punishment is unreasonable.
Therefore, Defendant A’s assertion is justified.
B. The crime of this case committed by Defendant B is inevitable to sentence Defendant B, in view of the following: (a) Defendant B conspired with Defendant A to inflict an injury on the victim by carrying a dangerous object and arranging sexual traffic for business purposes; (b) each crime of this case was committed during the period of suspension of the execution of the same kind of crime; and (c) Defendant B had been punished several times for the same crime.
However, Defendant B recognized the crime of violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.), the degree of injury of the victim is not very serious, and Defendant B deposited certain money for the victim at the original trial, and the trial.