상해등
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for not more than two months.
Defendant of the Prosecutor.
1. Summary of grounds for appeal;
A. The part against Defendant A (public prosecutor)’s punishment (4 million won in penalty) of the lower court is too unfluent and unreasonable.
B. Part 1 on Defendant B was in a state of mental and physical weakness under the influence of alcohol at the time of the instant case (Defendant B. 2). The lower court’s punishment (two months of imprisonment) is too weak or unreasonable due to a defect ( Both sides). 2. Defendant A committed the instant crime during the period of repeated offense due to a different type of crime.
However, the defendant A reflects the facts charged, and the degree of injury of the victims of the crime of bodily injury is not severe, and the victim E and G, the victims of the crime of bodily injury and the crime of interference with business, are agreed with them, and they do not want the punishment of the defendant A.
And the defendant A has no record of the same crime.
In addition, comprehensively taking account of all the conditions of sentencing indicated in the records, such as Defendant A’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s sentence is deemed unobcied and unreasonable.
3. Judgment as to Defendant B
A. On March 5, 2015, Defendant B was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group deadly weapon, etc.) in the Daegu District Court Kimcheon Branch on the grounds of the violation of the Punishment of Violences, etc. Act (a group deadly weapon, etc.) and the judgment became final and conclusive on August 17, 2015. As to Defendant B’s concurrent crimes of violation of the Punishment of Violences, etc. Act (a group deadly weapon, etc.) for which each crime of the judgment of the lower court and the judgment of the lower court became final and conclusive on August 17, 2015, Defendant B, etc., should be sentenced to punishment for each crime of the lower court’s judgment in consideration of equity with the case where the judgment is concurrently rendered pursuant to the first sentence of Article 37
B. Judgment on the assertion of mental and physical weakness: Provided, the part of the judgment of the court below on Defendant B is reversed ex officio.