폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. In light of the fact that Defendant A (unfair punishment) is against the Defendant, etc., the sentence imposed by the lower court (one year and six months of imprisonment, and confiscation) is too unreasonable.
B. As to the facts charged No. 4. As to the Defendant B (Definites and unreasonable sentencing)’s charges, it is unreasonable to punish the Defendant as a co-principal of the crime of violation of the Punishment of Violences, etc. Act (a collective, deadly weapon, etc.) on the grounds that the Defendant was under the direction of J and did not directly participate in the crime.
Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the judgment.
Even if this part of the facts charged is recognized, considering the degree of the defendant's participation in the crime, the punishment imposed by the court below (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. In the event that two or more persons jointly commit a crime listed in Article 2(1) of the Punishment of Violences, etc. Act by carrying a deadly weapon or other dangerous object judgment on Defendant B’s assertion of misunderstanding of facts, the act of injury, etc. should be committed as well as the act of carrying a deadly weapon or other dangerous object, and such act should be controlled by the functional act according to the intention of joint processing and joint will.
(See Supreme Court Decision 200Do3443 Decided December 27, 200, etc.). Meanwhile, in a co-offender relationship that two or more persons jointly process in a crime, the conspiracy does not require any legal fixed penalty, but is only a combination of two or more persons to jointly process a crime and realize such crime. Although there was no overall conspiracy, if a combination of doctors is made in a successive or secret manner between several persons, then the conspiracy is established, and even if there was no direct involvement in the act of the other competitors.