폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for one year and six months.
However, as to Defendant B, this shall not apply.
1. Summary of grounds for appeal;
A. In light of the fact that Defendant A is against the Defendant and agreed with the victims, the sentence imposed by the lower court (two years of imprisonment) is too unreasonable.
B. In light of the fact that Defendant B is against the Defendant, the fact that the Defendant agreed with the victims, the economic situation is difficult, and the circumstances in which he must support the aged, etc., the punishment imposed by the lower court (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. In light of the fact that the crime of this case against Defendant A committed the crime of this case jointly with Defendant B, under the pretext of taking a dangerous object under the pretext of putting a new assistant into action with Defendant B, and causing injury to the victims, the crime is serious, dangerous, and the nature of the crime is weak, the degree of injury suffered by the victims is not easy, and the Defendant committed the crime of this case even though he was committed in the same kind of crime, even though he was committing the crime of this case, it is necessary to strictly punish the Defendant. However, in full view of all the circumstances that the Defendant agreed with the victims, such as the fact that the Defendant is against the victims, the Defendant’s criminal records, character, conduct and environment, the background and result of the crime of this case, the circumstances after the crime, etc., and the sentencing conditions specified in the records and arguments, it is recognized that the sentence of the court below is unreasonable. Thus, the above argument of the Defendant is justified.
B. As seen earlier, the instant crime committed against Defendant B was committed with the focus on the issue and the poor quality of the Defendant’s crime. However, the Defendant agreed with the victims, the Defendant’s living in prison for about five months reflects the instant crime, and there was no record of punishment heavier than the fine prior to the instant crime, and the Defendant’s family situation, such as the fact that there was no record of punishment heavier than the fine prior to the instant crime, and that there was a place where the Defendant should support her mother.