폭력행위등처벌에관한법률위반(공동상해)
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.
, however, the defendant.
1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the Defendants (defendant A: imprisonment with prison labor of one year and six months, and Defendant B: imprisonment with prison labor of ten months) is too unreasonable.
2. The crime of this case committed by the Defendants, which caused injury to the Defendants in need of approximately eight weeks’ medical treatment in consideration of the victim’s personal injury, and the case is not weak in light of the fact that the victim suffered considerable serious injury on the part of the victim, on the part of the victim.
In addition, in light of the fact that Defendant A committed the crime of this case again even though he was in the period of repeated crime due to the same crime, he was sentenced to a fine and imprisonment with prison labor once for the crime of injury.
However, the defendants recognized the crime of this case, the court below deposited 15,00,000 won for the victim, and additionally deposited 15,000,000 won for the victim at the court below, and the victim did not want to be punished against the defendants by agreement with the victim. The defendant Eul did not have the same criminal history, including the motive, means and result of the crime, the circumstances after the crime, the age of the defendants, sexual conduct, environment, etc., and the scope of recommended sentences in the sentencing guidelines of the Supreme Court.
1. Type A (6 months to two years), the weighting area (6 months to two years), the person who is specially mitigated, the person who is not subject to punishment, and the special aggravated person: the serious injury, and the same repeated offense;
2. In full view of the basic area (from April to June), the basic area (from January to June), the person who has been specially mitigated, the person who has not been punished, and the person who has been specially aggravated: The judgment of the court below is deemed to be unfair because the punishment of the court below is too large, in light of the criteria for the suspension of the execution and injury (main positive factors: the person who has not been punished).
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The substance of the evidence and facts charged by the court.