폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. As to Defendant 1’s violation of the Punishment of Violences, etc. Act (collectively homicideed weapons, etc.), there was no fact that the stened fish 2 salted down, wn up 1 time the part of the victim’s wn up, or wn up the victim’s wn up with the camping net. There was no charge of aiding and abetting and abetting the victim. 2) The sentence of the lower court of unreasonable sentencing (one year and six months of imprisonment and fine of three million won) is too unreasonable.
B. The Prosecutor’s sentence is too unhued and unreasonable.
2. Determination
A. Although the Defendant alleged the same purport in the lower court’s judgment as to the Defendant’s assertion of mistake of facts, the lower court found the Defendant guilty of this part of the facts charged by comprehensively taking account of the evidence duly admitted and investigated, and rejected the Defendant’s above assertion on the grounds of detailed reasons in the part “Judgment on the Defendant and the Defense Counsel
Examining the above fact-finding and judgment of the court below in comparison with the records, the judgment of the court below which found the defendant guilty of this part of the facts charged is just, and it is sufficiently acceptable, and there is no error of law of misunderstanding of facts affecting the judgment, and the above argument of the defendant is without merit.
B. The defendant deposited KRW 500,00 for the police officer in the court below's judgment on the assertion of unfair sentencing, the circumstances favorable to the defendant, such as that the victim B does not want the punishment against the defendant, and the defendant committed the crime of assault and obstruction of performance of official duties for seven months only after being sentenced to suspended execution due to the crime of bodily injury, and thereafter instigated the victim to commit the crime of assault and obstruction of performance of official duties. The nature of the crime is not good, and it is also necessary to punish the insurance fraud crime in order to promote the establishment of a sound insurance culture and protect the interests of the majority of policyholders.