폭력행위등처벌에관한법률위반(공동상해)
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for six months.
except that this judgment.
1. Summary of grounds for appeal;
A. Fact-finding (Defendant A) The crime of this case was committed solely by Defendant A, and there was no fact that Defendant B used to assault the victim.
Nevertheless, the lower court, which recognized that Defendant A used to assault the victim jointly with Defendant B, erred by misapprehending the fact, thereby adversely affecting the conclusion of the judgment.
B. The sentence (Defendant A: imprisonment with prison labor for two years, Defendant B: imprisonment with prison labor for six months) imposed by the court below on the Defendants is too unreasonable.
2. 피고인 A의 사실오인 주장에 관한 판단 원심이 적법하게 채택하여 조사한 그 판시 증거들에 의하면, 피고인 A가 피해자의 얼굴을 먼저 때리고 넘어진 피해자를 발로 걷어찼으며, 이후 피고인 B도 피해자를 발로 차서 피해자가 전치 5주의 갈비뼈 골절을 입은 사실(공판기록 62, 63쪽 등 참조)을 충분히 인정할 수 있고, 당심에 이르러 피고인 B이 피해자를 폭행한 사실을 자백하고 있다.
Therefore, Defendant A’s assertion of mistake is rejected.
3. Judgment on the assertion of unfair sentencing
A. Defendant A1) The lower court sentenced the above punishment in consideration of the following: (a) even though it is sufficiently recognized that the Defendant committed the instant crime during the period of repeated offense even though the Defendant was assaulting and injuring the victim; (b) there was no completely repent of mistake while completely denying the facts charged; (c) there was a lot of records of punishment for the same kind of crime; (d) the Defendant committed the instant crime during the period of repeated offense; and (e) the degree of damage was serious and not paid compensation; and (e) the Defendant did not deny the crime up to the trial; (e) the damage was not recovered; and (e) the Defendant committed the instant crime during the period of repeated offense despite several times of punishment; and (e) the degree of the Defendant’s participation in the instant crime was more serious than B; and (e) other factors, including the Defendant’s age, character