폭력행위등처벌에관한법률위반(공동상해)
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.
except that this judgment.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (the imprisonment of August, the imprisonment of Defendant B, the imprisonment of June, the suspended execution of each of the two years, each of the 120 hours community service) is too unreasonable.
2. The Defendants’ nature of the crime is very poor in that they assaulted victims without good cause on the grounds that the Defendants considered them in the way without any clear reason.
However, in light of the fact that the Defendants agreed with the victim F and D in the lower court, and the remaining victims E in the first instance, and the motive and background of the crime of this case, the circumstances after the crime of this case, the Defendant’s age, character and conduct, and environment, etc., as well as various circumstances, which are the conditions for sentencing as shown in the records and arguments of this case, the sentence imposed by the lower court to the Defendants is somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is ruled as follows.
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The Defendants: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, the selection of imprisonment with prison labor, and the selection of a criminal sentence
1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and
1. Defendants in a suspended sentence: Article 62(1) of the Criminal Act (the conditions favorable to the Defendants in the above case)
1. Defendants of the community service order: Article 62-2 of the Criminal Act