폭력행위등처벌에관한법률위반(공동상해)등
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for two years.
1. The summary of the grounds for appeal (e.g., a two and a half years imprisonment) of the lower court that was sentenced to the Defendants is too unreasonable.
2. The Defendants jointly inflicted an injury on the victim E and I, and in addition, Defendant A, jointly with or independently withO, committed an assault against the victim AO, R, S, and T, assigned the means of access to his nameless persons, and Defendant B committed an attempted assault against the victim I.
Although the Defendants used their violence, approximately one-hour violence was committed against the victims even though they were mixed with the victims E and I.
In addition, even though all the Defendants had been sentenced to multiple times of punishment due to violent crimes, they repeat the same type of crime again, and in particular, the nature of each of the crimes of this case without being aware of it during the period of repeated crime, etc. is not weak.
(B) In relation to this, Defendant B’s assertion of the above Defendant on the ground that there was a change in the circumstance leading to the crime of this case and the contents of the testimony of the witness of the court below as to this, but even if the above Defendant’s assertion was a fact, in light of all the above circumstances, the nature of the above Defendant’s crime is not somewhat weak. However, Defendant A expressed the intent of the above victims not to be punished by Defendant A by agreement with the victim A, R, S, and T when it comes to the trial, and Defendant B expressed the intention of the above victims not to have been punished by Defendant A. Defendant B’s confession as to the attempted crime during the trial, etc., and it is against and against the time of all the crimes, such as the confession of the attempted crime against Defendant A, and taking into account various sentencing conditions as set forth in the records and arguments of this case, such as the age, character and conduct, environment, motive and means of the crime, and circumstances after the crime.
3. In conclusion, the defendants' appeal is justified. Thus, Article 364 of the Criminal Procedure Act is applicable.