폭력행위등처벌에관한법률위반(공동상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The summary of the grounds for appeal (e.g., both types of punishment) by the lower court is deemed to be too unhued and unfair.
2. The instant crime committed by the Defendant and the victims involved in the process of exercising violence at the expense of each other. As such, some of the circumstances can be considered.
피고인은 원심에서 일부 범죄사실에 대하여 다퉜는데, 당심에 이르러서는 모든 범행을 인정한 후 반성한다고 말하고 있다.
The social relationship seems to be relatively clear in that the defendant was a minor of 18 years of age at the time of committing the crime, and that the family members of the defendant continued to have a preference.
However, considering CCTV images taken by the situation at the time, the Defendant committed the instant crime actively, even though the Defendant took part in his body fighting and the dispute, and even though she took part in the Defendant’s work, the Defendant committed the instant crime.
피고인이 피해자 F의 얼굴을 주먹으로 강하게 때려 피해자가 의식을 잃은 채 도로에 쓰러졌고, 피해자의 상태가 염려되는 위급한 상황이었음에도 피고인은 다시 피해자 쪽으로 다가가 피해자의 머리를 축구공을 차듯 발로 세게 걷어찼다.
As the method of violence used by the defendant, the form of conduct is extremely excessive and dangerous, and the damage side may be frightened, it may lead to an uncomfortable consequence.
In this respect, the crime of this case is very bad, and the circumstances after the crime are not good in that the defendant continues to commit a threatened act to the victim even after that act.
As a result of the instant crime, the victim F suffered from serious injury, such as a 180-day framework, cerebral blood transfusion, etc., and the victim D and G suffered from the necessary injury for about 14 days, respectively.
As such, victims are very important.