폭력행위등처벌에관한법률위반(공동상해)등
The Defendants’ appeal is dismissed.
The defendants shall jointly and severally bear the costs of the trial in the original judgment.
1. The judgment of the court below guilty on the gist of the grounds of appeal is that it constitutes a mistake of fact, which affected the judgment.
In addition, the sentence (2 years of suspended execution of Defendant A's imprisonment for 8 months; Defendant B's fine of KRW 2,00,000) set by the court of the original instance is too unreasonable.
2. We examine the instant case based on the evidence duly adopted and examined on the assertion of mistake of facts, and there is sufficient proof by the prosecutor on the facts charged of joint injury and interference with business.
It is just and just that the court of the court below found the above facts charged to be guilty as stated in its holding.
We cannot accept the allegation that there is a mistake of facts affecting the judgment of the court below.
As to the wrongful argument of sentencing, the defendant A is examined.
Although there is a circumstance that the defendant's wife appeals against the ship's wife, it did not reach a compromise with the victim, and did not make efforts to recover damage.
There are many criminal records and similar violent crimes are 13 times.
Defendant
In the case of B, the degree of the fence is insignificant than that of the defendant A, and it is difficult for the basic recipient as the basic recipient.
However, there was no compromise with the victim, and no effort was made to recover the damage.
The court of the lower judgment rendered a sentence against the Defendants by taking account of the aforementioned various positive and negative circumstances.
The judgment below
There is no new circumstance that can be considered in sentencing as a result of the sentence.
In addition, in full view of the various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, the lower court’s sentence is too unreasonable.
3. In conclusion, the reasons for appeal by the Defendants are not reasonable, and thus, it is in accordance with Article 364(4) of the Criminal Procedure Act.