폭력행위등처벌에관한법률위반(공동상해)등
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for one year.
except that this shall not apply.
1. The summary of the grounds for appeal asserts that the defendants of the court below's punishment (10 months of imprisonment, 10 years of imprisonment, and 1 year of imprisonment) is too unreasonable, and the prosecutor asserts that it is too unfeasible and unfair.
2. The Defendants: (a) under the influence of alcohol, the Defendants used violence against many people; (b) the victims were injured; and (c) Defendant B obstructed the performance of official duties by using violence to police officers; (b) the Defendants’ quality of the crime was considerably poor; (c) the degree of injury to the victims of the injury was not somewhat weak; and (d) the fact that Defendant A had been committed several times with the same past and several times, etc. are disadvantageous to the Defendants.
On the other hand, when the defendants were in the trial, all of the crimes of this case were committed, and they were committed against the wrongness, and they agreed with most victims during the trial, and the victims did not want to be punished against the defendants, and the police officers who suffered the damage wanted to be punished against the defendants B, both the previous charges of the defendant A and the fine, and the fact that the defendants did not have any past record of punishment exceeding the fine is favorable to the defendants.
In full view of the aforementioned circumstances and other factors, including the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime, various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime, and the scope of recommended sentencing guidelines, the sentence imposed by the lower court is deemed to be too unreasonable.
Therefore, the Defendants’ assertion of unfair sentencing is reasonable, and the prosecutor’s assertion of unfair 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, and the defendants' appeal is based on the following reasoning.
[The reasons for the judgment of multiple times] Criminal facts and summary of evidence recognized by the court.