폭력행위등처벌에관한법률위반(공동상해)등
The defendant's appeal is dismissed.
1. According to the records of the trial of the political party, the prosecutor prosecuted the defendant against the violation of the Punishment of Violences, etc. Act (joint injury), the obstruction of performance of official duties, and the injury, and each of these facts charged are concurrent crimes under the former part of Article 37 of the Criminal Act. The court below found the defendant guilty as to the obstruction of performance of official duties and the injury, and sentenced the suspension of execution for six months, but sentenced the defendant not guilty of the violation of the Punishment of Violences, etc. Act (joint injury).
The prosecutor did not appeal against this, and only the defendant appealed against this conviction.
Therefore, the part of the acquittal, which was not appealed by the prosecutor, is separately determined by the expiration of the period of appeal, and the scope of the trial on the grounds that it is limited to the part of the judgment of the court below which was guilty (see, e.g., Supreme Court en banc Decision 91Do1402, Jan. 21, 1992; Supreme Court Decision 2010Do10985, Nov. 25, 2010). This part is the subject of the trial on the grounds that it is limited
2. The summary of the grounds for appeal is too unreasonable that the punishment sentenced by the court below to the defendant (two years of suspended sentence for six months of imprisonment) is too unreasonable.
3. In light of the following circumstances: (a) the Defendant is trying to recover damage by depositing a little amount of money for the victim; (b) the Defendant did not bear the result of damage; (c) the Defendant committed the instant crime despite the fact that he/she was punished for violent crimes; (d) there are no changes in circumstances that may be considered in sentencing after the judgment of the court below; and (e) other various circumstances that are the conditions for sentencing indicated in the records, such as the motive and background leading up to the instant crime; (b) the circumstances before and after the instant crime; (c) the Defendant’s age, character and conduct, occupation, occupation, family relationship
4. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.