폭력행위등처벌에관한법률위반(공동상해)
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. The lower court’s sentencing is too unreasonable on the grounds of appeal.
2. Considering that the nature of the instant crime is not good, strict punishment against the Defendant is necessary.
However, considering the Defendant’s age, sex and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the instant argument, such as the circumstance after the crime, the lower court’s punishment is too unreasonable, and thus, the above argument by the Defendant is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 2 (2) 3 of the Act on the Punishment of Violences, etc. against Criminal Facts, Article 2 of the Punishment of Violences, etc., Article 257 (1) of the Criminal Act, selection of fines (1,00,000 won);
1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;
1. Article 59 (1) of the Criminal Act of the suspended sentence;