폭력행위등처벌에관한법률위반(공동상해)등
The part of the judgment of the court below against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and six months.
Defendant .
1. Summary of grounds for appeal;
A. In light of the overall circumstances of the case at issue by the prosecutor, the sentence sentenced by the first instance court to the Defendants (one year and six months of imprisonment for each of the defendants A and B, the defendant C: one year and six months of imprisonment, one year and six months of probation, and three years of probation, etc.) is too unhued and unfair.
B. The punishment (the first instance court: the imprisonment of 1 year and 6 months, and the second instance court: the imprisonment of 6 months) sentenced by the lower court against the Defendant A is too unreasonable.
C. Although Defendant B did not take or walk the victim N beyond the floor, the first instance court found Defendant B guilty, including this part of this part, was erroneous, and the first instance court sentenced the Defendant at the first instance court (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. Prior to the judgment on the grounds for appeal by Defendant A ex officio, this Court tried by combining two appeals cases with each other. Each of the offenses in the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, and the sentence should be imposed pursuant to Article 38(1) of the Criminal Act. In this regard, the part against Defendant A among the judgment of the court below is no longer maintained.
B. According to the evidence duly admitted and examined by the court below as to Defendant B’s assertion of mistake of facts, the following circumstances, namely, according to the victim N & Co-Defendant A’s statement, the Defendant stated that the Defendant was going to walk with A and C several times as stated in this part of the facts charged, and the Defendant also recognized all the facts charged, including this part of the facts charged at the court below. Thus, the Defendant’s assertion on this part is sufficiently recognized, and the Defendant’s assertion on this part is without merit.
C. Determination of the prosecutor's assertion of unfair sentencing on Defendant B and C and on Defendant B's assertion of unfair sentencing (1)