폭력행위등처벌에관한법률위반(공동폭행)
The judgment of the court below is reversed.
Defendants shall be punished by a fine of KRW 1,000,000.
The above fines are imposed by the Defendants.
1. Each sentence of the lower court (the Defendants: KRW 1,500,000) against the Defendants on the summary of the grounds for appeal is too unreasonable.
2. The crime of this case by Defendant A was committed on the way that Defendant A was the head of the victim’s mountain, and the victim’s bath while she was in the way of the Defendant A, was saluted, and the victim’s flab, and the Defendant B committed assault by taking the victim’s arms. In light of the content of the crime and the developments leading up to the occurrence of this case, the relevant criminal liability is not weak, and the Defendants did not agree with the victim, etc., and was disadvantageous to the Defendants.
However, when considering the fact that the Defendants made confession of the crime of this case when they were in the first instance trial, the degree of assault of this case is relatively minor, the Defendants appears to have committed the crime of this case contingently, the Defendants’ age, sexual conduct, environment, etc., and all other circumstances constituting the conditions for sentencing specified in the arguments of this case, the lower court’s punishment against the Defendants is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows: (a) except for the addition of “1. Defendants’ oral testimony” to “the summary of the evidence” column of the lower judgment, the summary of the facts charged and the evidence is as indicated in each corresponding column of the lower judgment, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The Defendants: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act, the selection of fines for negligence
1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;
1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act