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(영문) 부산지방법원 2019.03.28 2018노4658
폭력행위등처벌에관한법률위반(공동상해)등
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All the judgment below is reversed.

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of 5,00,000 won.

Reasons

1. The determination of the summary of the grounds for appeal by the Defendants (in both cases, one year and two months of imprisonment, and two years of suspended sentence in August) is inappropriate.

2. The Defendants recognized all the facts charged in the court.

The victim is also in agreement with the victim and the amount equivalent to the medical expenses, and the victim is also in compensation.

Defendant

The degree of participation in B is relatively important.

Defendants are not subject to criminal punishment.

Considering the sentencing criteria for violent crimes, the determination of the original sentence against the Defendants is unreasonable.

3. The Defendants’ appeal is with merit.

Pursuant to Article 364(6) of the Criminal Procedure Act, the judgment of the court below shall be reversed, and it shall be judged again after pleading

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Article 2 (2) 2 of the Punishment of Violences, etc. Act, Article 2 (2) 2 of the Punishment of Violences, etc. Act, Article 276 (1) of the Criminal Act, Article 94 subparagraph 7 of the Immigration Control Act, Article 17 (1) of the Immigration Control Act, Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Article 2 (2) 2 of the Punishment of Violences, etc. Act, Article 276 (1) of the Criminal Act, Article 276 (1) of the Criminal Act, Article 276 (1) of the Punishment of Violences, etc. Act, and Article 276 (1) of the Criminal Act, Article 2 of the same Act,

1. Defendants who aggravated concurrent crimes: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendant B of detention in a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Defendant A: Reasons for sentencing under Article 62 (1) of the Criminal Act / [A]

1. The scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommending types according to the sentencing criteria;

(a) Class 1:

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