폭력행위등처벌에관한법률위반(공동상해)등
The judgment below
The parts against the Defendants are reversed.
Defendants shall be punished by imprisonment for six months.
(2).
1. The summary of the grounds for appeal (unfair sentencing) is that the observation of each protection and the community service order against the Defendants of the lower court is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the Defendants’ authority, Defendant A was examined ex officio before the judgment on the grounds for appeal by the Defendants, Defendant A’s birth, and Defendant B’s birth constituted “juvenile” under Article 2 of the Juvenile Act at the time the judgment of the lower court was rendered by Defendant AK, but it is apparent that the lower court, which applied the Juvenile Act to the Defendants, was no longer maintained, since it was more than 19 years old and more than 19 years old and no longer constitutes “juvenile” under the Juvenile Act.
3. The part of the judgment of the court below as to the Defendants is reversed ex officio as above. Thus, without examining the Defendants’ unfair assertion of sentencing, the part against the Defendants among the judgment below pursuant to Article 364(2) of the Criminal Procedure Act is reversed, and the following decision is made through pleading.
[Re-written judgment: the part against the Defendants] Criminal facts and summary of evidence recognized by this court are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 2 (2) 1 and 3 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, Article 257 (1) of the Criminal Act (joint assault and joint injury, each choice of imprisonment): Defendant B: Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Article 350 (1) of the Criminal Act (the point of joint injury and joint attack, each choice of imprisonment), Article 331 (2) and (1) of the Criminal Act (the point of special larceny)
1. Aggravated concurrent crimes: Defendant A: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the punishment heavier than that heavier than that heavier, and the maximum term of the above two crimes):