폭력행위등처벌에관한법률위반(공동폭행)등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The lower court’s punishment against the Defendant (one month of imprisonment with prison labor for the crimes Nos. 1 and 2 as indicated in the lower judgment, and one month of imprisonment with prison labor for the crimes No. 3 as indicated in the holding) is too unreasonable.
B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.
2. The following circumstances are unfavorable to the Defendant’s assertion of unfair sentencing by the Defendant and the Prosecutor.
The defendant was detained by the Cheongju District Court 2015 High Court 2015 High Order 1354, and committed assault against C more than 30 times even though he was in prison. This does not apply to such crimes that are minor.
In addition, the defendant was sentenced to ten months of imprisonment with prison labor or two years of suspended sentence in the above court, and the suspended sentence was revoked, and the execution of the suspended sentence was completed on September 9, 2017, which led to the crime of injury in this case even if the defendant was in a repeated crime period, and it was committed for more than ten years after the release.
The conditions favorable to the defendant shall be as follows:
The defendant is in profoundly against each of the crimes in this case, and even if there was an agreement with the victims, the victims have not been punished.
In the case of the crime of injury of this case, it is too minor that the victim E uses multiple scopic scopic scopic surgery, etc. requiring three-day medical treatment, and the degree of injury is relatively minor.
In addition, when considering the various sentencing factors indicated in the records of the instant case, such as the Defendant’s age, sex, environment, and circumstances after the commission of the crime, the lower court’s sentencing is not deemed to have been too heavy or to have exceeded the reasonable scope of discretion, and thus, the Defendant and the Prosecutor’s argument of sentencing is rejected.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.