폭력행위등처벌에관한법률위반(공동상해)등
The judgment of the court below is reversed.
Defendants shall be punished by a fine of KRW 2,000,000.
The above fine is imposed against the Defendants.
1. The sentence imposed by the lower court (a fine of three million won) shall be too unreasonable as the gist of the grounds for appeal is too unreasonable.
2. The crime of this case is committed against many and unspecified persons without any reason, by exercising violence against them, destroying property, and the degree of damage is very poor. However, the extent of damage is not so significant, the defendants do not want punishment, the age of the defendants is still equal, and their mistake is against the victims, and the defendants A are first criminals, and the defendants B has no specific penalty power except for the punishment of a fine due to the crime of injury, and all other sentencing factors indicated in the arguments of this case, such as character and conduct of the defendants, the environment, the circumstances of the crime of this case, and the circumstances after the crime, etc. are considered to be inappropriate. Thus, the defendants' above assertion is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the entries in each 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. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Defendant A: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury, the selection of fines), Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act (the point of causing damage to property, the selection of fines), Article 366 of the Criminal Act (the point of causing damage to property, the choice of fines)
B. Defendant B: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury and the choice of fines) and Article 2(2) and (1) of the Punishment of Violences, etc. Act.