폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and six months.
. Prosecutors;
1. Summary of grounds for appeal;
A. In light of the fact that Defendant A’s defense counsel (unjustifiable form) reflects the wrongs of Defendant A, the victims expressed their intention not to want the punishment of Defendant A, and Defendant A is not directly related to the organization of the Bosing criminal act, the sentence of the lower court that sentenced Defendant A imprisonment with prison labor for a period of two years is too unreasonable.
B. In light of the fact that the Defendants were sentenced to a fine of KRW 2 million for the same kind of crime on May 1, 2015, and the Defendants were sentenced to a fine of KRW 3 million for the same kind of crime. Defendant B was sentenced to a fine of KRW 2 million at the Incheon District Court’s Incheon District Court’s Vice Branch on March 22, 2012, and was sentenced to criminal punishment of KRW 3 million for the obstruction of performance of official duties, in light of the fact that the Defendants were sentenced to a fine of KRW 2 years for a two-year term of imprisonment, 1 year of imprisonment for Defendant B, and 3 years of suspended execution to Defendant A, and 3 years of imprisonment for a two-year term of imprisonment with prison labor for Defendant A, 2 years for Defendant B, and 3 years of suspended execution to Defendant B.
2. Determination
A. We examine the grounds for appeal against Defendant A and the Prosecutor A ex officio prior to the determination of the grounds for appeal against Defendant A and the Prosecutor
A prosecutor shall be deemed to have violated the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) in the name of a crime committed in the first instance, and Articles 3(1) and 261 and 260(1) of the Criminal Act “Article 3(1)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act” in the applicable provisions of the Criminal Act “A request for changes to each other, and the same shall be deemed to have been made by this court. As such, this part and Article 37 of the Criminal Act are different.