폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
The judgment of the first instance shall be reversed.
A defendant shall be punished by imprisonment for one year.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The punishment sentenced by the first instance court to the accused (one year of imprisonment) shall be too unreasonable;
2. On the other hand, the Defendant’s crime of this case, along with his own activities in Vietnam including Vietnam, is committed in line with his daily activity in the city of Cambodia in the middle of the city, with one another, with a chain, pipe and item, etc. displayed in a group, and the nature and the circumstances of the crime are very good;
In particular, the Defendant actively participated in the commission of the crime, such as taking the head of G with a pipe and taking the h a pipe in the process of such a failure fighting.
As for the instant crime, it is necessary to punish a large number of people in a group, such as the instant crime, with great harm to society and interfere with the establishment of legal order, because it does not only seem to have a more scarcity and talked tendency than ordinary violence, but also brings about damage to each other, but also brings about anxiety to people around, and thus, it is necessary to strictly punish them.
However, the defendant seems to have participated in the crime of this case in a contingency in the state of drinking in order to correct assault against Cambodia and to oppose it.
Among the victims, I, J, and H expressed their intention not to be punished for the defendant. Since 2007, the defendant has no particular criminal power during his/her stay in Korea, and his/her mistake is divided in depth through the life of detention for about three months.
In addition, in full view of all the circumstances, such as the age, character and conduct, occupation and environment, family relationship, relationship with the victim, motive, means and result of the crime, circumstances after the crime was committed, equity in sentencing with the accomplice, etc., the sentence imposed by the first instance court is too unreasonable.
Therefore, the defendant's assertion of unfair sentencing is justified.
3. If so, the defendant's appeal is justified.