상해
The judgment of the court below is reversed.
Defendant
A, B, and C shall be sentenced to six months of imprisonment, and the defendant D shall be punished by a fine of KRW 1,500,000.
1. Summary of the grounds for appeal (the original judgment: Defendant A, B, and C’s imprisonment for eight months, and Defendant D’s fine of three million won);
2. The lower court determined that: (a) the background leading up to the occurrence of the instant crime; (b) the degree of assault committed by the Defendants or the degree of injury caused by the assault committed between each other; and (c) the fact that only the damage inflicted to each other was caused by each other; (b) the commission of punishment against each other; (c) the degree of the Defendants’ participation in each crime; (d) the degree of the Defendants’ participation in the crime; and (e) the equity between the cases where the judgment was rendered concurrently with the crime for which judgment became final and conclusive; and (e) determined the sentence as above
In full view of the above circumstances, which the court below considered as the basis for sentencing, the sentence of the court below against the Defendants is too unreasonable, in light of the fact that the Defendants did not want punishment against each other by mutual agreement, and that there appears to be a misunderstanding and rebuttal against each other.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is ruled as follows.
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Defendant A: Article 257(1) of the Criminal Act; the choice of imprisonment
B. Defendant B: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, and the choice of imprisonment
C. Defendant C: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act, the choice of imprisonment with labor
D. Defendant D: Punishment of violence, etc.