폭력행위등처벌에관한법률위반(공동상해)
The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by a fine of three million won.
The defendant above.
1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.
2. Prior to the judgment on the grounds for ex officio appeal, the term “crimes equivalent to imprisonment without prison labor or heavier” as provided by Article 35(1) of the Criminal Act refers to crimes punishable by imprisonment with prison labor or imprisonment with prison labor with prison labor. In the event a fine which has been selected among the punishment prescribed by the relevant crime is a fine, it shall not be subject to the aggravated punishment (see Supreme Court Decision 82Do1018, Jul. 27, 1982). The lower court selected the Defendant’s fine for the instant crime and applied Article 35 of the Criminal Act, even if the Defendant was punished by a fine and applied Article 35 of the Criminal Act, thereby affecting the judgment. Accordingly, the lower court became unable to maintain the sentence any longer.
3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows.
Punishment of the crime
At around 00:30 on December 6, 2017, the Defendant: (a) faced with the Victim F (F) and shoulder in the E Singing Practice corridor located on the second and second floor of the front city, and (b) took the victim’s bath at the entrance of the said singing Practice Station, and (c) took the victim’s bath again at the entrance of the said singing Practice Station, and (d) took the victim’s bath again at the entrance of the said toilet, the Defendant singing the victim’s shoulder by hand, pushed the victim’s shoulder, sing the victim’s shoulder, sing the victim’s clothes, sing the victim’s head on a second and subsequent occasion, and was in front of the victim’s head.
B은 이에 가세하여 피해자의 머리채를 손으로 잡아 넘어뜨린 후 피해자의 머리채를 잡고 끌면서 바닥에 내려 찧었고, 계속해서 피고인은 피해자가 일어나자 피해자의 얼굴을 주먹으로 수차례 때려 피해자를 바닥에 앉히고 피해자의 얼굴을 발로 수차례...