폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment for nine months;
3.Provided, That for a period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the summary of the grounds for appeal (nine months of imprisonment) is too unreasonable.
2. The Defendant’s judgment is an unfavorable circumstance to the Defendant, for example, a crime of violation of the Punishment of Violences, etc. Act (joint injury) on March 19, 2012 and December 28, 2012, with the power of KRW 1,50,000,000 and KRW 1,000,000,000, respectively, committed in the territory of the Changwon District Court.
However, the defendant recognized the crime of this case, and agreed with the victims, and the victim I and H wanted to take a preference against the defendant in the trial, and the parent and punishment of the defendant wanted to take the lead of the defendant, and the crime of this case is concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of violation of the Punishment of Violence, etc. Act (a collective, deadly weapons, etc.) which became final and conclusive on March 25, 2014 and the latter part of Article 37 of the Criminal Act, it is necessary to determine punishment for the crime of this case in consideration of equity in the case where the judgment is concurrently rendered under Article 39(1) of the Criminal Act, and it is deemed necessary for the defendant to give the defendant an opportunity to return to a normal social life as 20. In full view of other various circumstances, the sentence of the defendant's age, character and behavior, intelligence and environment, etc., as well as the conditions for sentencing as shown in the records and arguments of this case is somewhat unfair.
3. If so, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;
1. To treat concurrent crimes;