폭력행위등처벌에관한법률위반(공동상해)등
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for eight months, by a fine of ten thousand won,00,000 won.
Defendant .
1. Summary of grounds for appeal;
A. The sentence of the lower court (Defendant A: 1 year of imprisonment, 2 years of suspended execution, and 20 million won of fine) is too unreasonable.
B. The lower court’s sentence against the Defendants on the prosecutor is too unhued and unreasonable.
2. In light of the Defendants’ developments leading up to the instant crime and the means and methods of committing the instant crime, the nature of the crime is considerably bad, and the Defendant A was in the investigative agency rather against the victim.
Considering the fact that he denies his criminal act, that he acquired police equipment armores and used them for the crime, and that the victim suffered a large mental suffering due to the instant crime, there is a need to punish the Defendants for severe punishment.
However, in full view of the following circumstances: (a) the Defendants appeared to be in opposition to the recognition of their criminal acts from the lower court at the latest; (b) there seems to be no possibility of causing additional damage to the victims; (c) there was no criminal conviction for the Defendants in excess of the same criminal history or fine; (d) divorce conciliation between the victims and their children was established; and (e) the victims expressed their intent not to have the Defendants punished; (e) in the case of Defendant B, the degree of their participation is less than Defendant A; (e) the public officials are less than 35 years of service; and (e) the public officials are faithfully serving for 35 years; and (e) other various circumstances that form the elements of sentencing as indicated in the records and arguments of this case, including the Defendants’ age, sex, environment, family relationship, motive, motive, and circumstances after the crime, etc., the punishment
Since the defendants' argument of sentencing is justified, and the prosecutor's argument of sentencing is without merit.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendants' appeal is with merit, and the judgment below is reversed, and the pleading is followed again.