폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment with prison labor of one year and six months and by a fine of three hundred thousand won.
The defendant above.
1. The court below found the victim E guilty of the injury among the facts charged in the instant case, and found the defendant not guilty of the violation of the Punishment of Violences, etc. Act (a collective injury, a deadly weapon, etc.).
As to this, only the defendant appealed on the ground of unfair sentencing, and the prosecutor did not appeal against the acquittal part of the reasoning, according to the principle of no appeal, the acquittal part may also be transferred to the trial court, but it has already been exempted from the object of the attack and defense between the parties.
Therefore, the judgment of the court below should be followed with the conclusion of the judgment of the court below, and it is not judged separately.
Ultimately, the scope of the judgment of the court shall be limited to the conviction part of the judgment below.
2. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (one year and six months of imprisonment and a fine of five hundred thousand won) is too unreasonable.
3. Ex officio determination
A. Of the facts charged in the instant case, the charge of assault constitutes a crime falling under Article 260(1) of the Criminal Act, and constitutes a crime of non-compliance under Article 260(3) of the same Act; and the fact that the written agreement dated December 26, 2014, which expressed the victim F’s intention not to punish, submitted to the lower court on April 6, 2015, prior to the pronouncement of the lower judgment, is obvious.
In addition, F submitted a written confirmation of intent to the effect that “F has omitted seal of the agreement submitted to the lower court on December 26, 2014 due to the circumstance of the confirmation seal, etc., but does not want to punish the Defendant at the time.” (According to the unmanned and the Defendant’s statement, etc., according to the above written confirmation, it delegated the preparation, etc. of a non-exclusive agreement for punishment to E at the time, and it appears to the effect that E prepared the said written agreement with the Defendant upon delegation).
Therefore, the facts charged in this case.