폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
All appeals filed by the defendant and prosecutor are dismissed.
Summary of Grounds for Appeal
Defendant
The sentence of the court below against the defendant (six months of imprisonment) is too unreasonable.
The sentence of the lower court against the Defendant by the Prosecutor is too unhued and unreasonable.
Judgment
The favorable circumstances include: (a) the Defendant did not have the same criminal record; (b) the Defendant was divided into a mistake; and (c) the injury of the victim of the instant case appears not to be serious; and (d) the Seoul Northern District Court sentenced on June 14, 2012 to a two-year suspended sentence of imprisonment for fraud in the Seoul Northern District Court on the part of June 14, 2012; (b) the judgment became final and conclusive on June 22, 2012; (c) the Defendant committed the instant crime without being aware of the fact that the Defendant had been under suspended sentence; and (d) the agreement with the victim was not reached; and (e) other general sentencing conditions specified in the instant records and arguments, including the Defendant’s age, character and behavior, environment, criminal background, and the circumstances after the crime
(The statutory penalty of the instant crime shall be sentenced to imprisonment with prison labor for a limited term of not less than one year, and the Defendant shall be sentenced to imprisonment with prison labor for not less than six months, and since it is inevitable to sentence a sentence during the period of probation, six months of imprisonment with prison labor shall be the minimum sentence against the Defendant). Accordingly, the appeal filed by the Defendant and the prosecutor shall be dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the grounds that the appeal filed by the