폭력행위등처벌에관한법률위반(공동상해)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The misunderstanding of facts and misapprehension of the legal principles are merely the fact that the joint defendant A and the victim were wraped, and there is no fact that the defendant inflicted an injury on the victim jointly with A.
B. The sentence that the court below rendered unfair sentencing (the penalty amount of KRW 800,000) is too unreasonable.
2. Determination
A. The following circumstances, which are acknowledged by comprehensively taking account of the evidence duly adopted and examined in the lower court’s judgment as to the assertion of misunderstanding of facts and misapprehension of legal principles, the victim, from the investigative agency to the court of the lower court, had the head and block from the Defendant, and had the head.
A witness I, who has consistently and specifically made a statement, said that the defendant first told the victim of a fighting with A and the victim, but he saw that he saw the victim's bath and sculbling his fat.
When considering the fact that the statement is made, the statement in the victim's name on the day of the case is consistent with the above statement, the fact that the defendant inflicted an injury on the victim jointly with A as stated in the facts of the crime in the judgment of the court below can be fully recognized.
In fact, mistake and misunderstanding of legal principles are without merit.
B. Although there are favorable circumstances such as: (a) the Defendant was causing the instant crime in the course of expressing fighting between A and the victim; (b) the victim’s desire appears to be one cause; and (c) there are some extenuating circumstances, such as the type of the Defendant’s use or the degree of injury inflicted on the victim; (d) the Defendant denies the instant crime; (b) the Defendant did not agree with the victim; and (c) the Defendant did not agree with the victim; and (d) there are considerable records of criminal punishment including the same criminal history.
In addition, the court below is fully responsible for the above circumstances.