폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor of one year and six months, and by a fine of three thousand won.
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court to Defendant A (one year and six months of imprisonment) is too unreasonable.
B. The Prosecutor (Defendant B) 1 of the misunderstanding of the legal principles (the part of innocence in the original trial) and Defendant B of the misunderstanding of the facts that the victim was used by assaulting the victim, and Defendant B of the misunderstanding of the facts that the victim was used. Thus, Defendant B of the misunderstanding of the facts that the victim was injured jointly with Defendant B of the harming the victim. However, the judgment below acquitted Defendant B of this part of the facts charged is erroneous in the misapprehension of the legal principles, which affected the conclusion of the judgment. 2) The sentence (the fine of KRW 3 million) sentenced by the lower court on the Defendant B of the unconstitutional sentencing is too una
2. Determination
A. On September 10, 2014, at around 02:10 on September 10, 2014, the summary of this part of the facts charged and Defendant B assaulted the victim F (Nam, 22 years of age) who was at the entrance of the 1st floor of the building in Namyang-si, Seoul, with his own and the other party, with the hacked fish, which is a dangerous object with his knowledge of the above victim's body. The latter part of the facts charged and continuously used the victim's body on the floor, she was flicked by the victim's body, and she was flicked by the victim's body. Accordingly, Defendant B and the victim did not have been aware of the victim's act of assaulting the victim about 8 weeks, and Defendant B and the victim's act of assaulting the victim's body on the part of the victim and the victim's act of damaging the victim's body. The lower court did not recognize the victim's name and the victim's act of assault.