All the judgment below is reversed.

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

(b).

The summary of the grounds for appeal (unfair form of punishment) is too unreasonable that the sentence of the court below (one and half years of imprisonment with prison labor, and eight months of imprisonment with prison labor) against the Defendants.

직권판단 검사가 당심에 이르러 피고인 A에 대한 공소사실 중 제1항 중 ‘휘둘러’를 ‘시늉하며’로 변경하는 내용의 공소장변경허가신청을 하였고, 이 법원이 이를 허가함으로써 그 심판대상이 변경되었다.

However, the changed part as above and the remaining facts charged by the court below found guilty should be sentenced to a single punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the part against Defendant A among the judgment below is no longer maintained.

Defendant

The instant crime committed jointly with Defendant B and C on the assertion of unfair sentencing is an unfavorable circumstance against the Defendant, inasmuch as Defendant B and C inflict an injury in need of six-day medical treatment, together with the victimJ, and inflicted an injury necessary for four-day medical treatment on the victim M, and the nature of the relevant crime is not good, and Defendant B has a record of receiving juvenile protective disposition several times of violence, etc.

However, it is reasonable to take into account the following circumstances: (a) Defendant B led to the instant crime; (b) made a confession of the instant crime; (c) made a contingent crime under the influence of alcohol; and (d) made an agreement with the victim M in the lower court and the first instance court; and (c) reached an agreement with the victim M in the instant case.

In this context, the scope of recommendation and sentence with respect to the instant crime according to the sentencing guidelines established by the Sentencing Committee of the Supreme Court is from April to March of imprisonment, and the suspension of execution is recommended: violent crime group, general bodily injury group, type 1 (general injury), special offender (non-influence of punishment), decision on the recommended area (basic area), sentencing range ( April to January 1), 2 crime: violent crime group, general injury group, non-influence of special punishment, etc.