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The judgment of the court below is reversed.
Defendant
A Of the crimes of No. 1 and the crimes of No. 3 in the ruling, the crimes of No. 1 and No. 2 in the attached list of crimes.
Reasons
1. Summary of grounds for appeal;
A. As to Defendant A1’s special assault, the Defendant was at the fighting site at the time, but only told the victims of fighting, and did not assault the victims.
B) Of the crimes of violation of the Punishment of Violences, etc. Act (joint conflict), the Defendant did not have any bit No. 9 or 11 among the crimes listed in the attached Table No. 3 as to the crimes of violation of the Punishment of Violences, etc. Act (joint conflict), and the Defendant did not have any bit between the M main points on January 17, 2015 and the following M, even if he/she went to the main points of M
2) The sentence sentenced by the lower court (the imprisonment of six months, the fine of three million won) is too unreasonable.
B. As to the crime No. 9,10 among the crimes No. 2 in the judgment of mistake of facts, Defendant B (Defendant B1) did not have any bit between M’s main points on January 17, 2015, and even if M’s main points, calculated the drinking value.
2) The punishment sentenced by the lower court (one hundred months of imprisonment, and a fine of three million won) is too unreasonable.
(c)
The sentence imposed by the prosecutor (Defendant A: Imprisonment with prison labor for 6 months, fine of 3 million won, imprisonment for 10 months, and fine of 3 million won) is too uneased and unreasonable.
2. Determination
A. Before determining the reasons for an ex officio appeal, this paper examined ex officio.
Article 2(2) and (1)3 of the Punishment of Violences, etc. Act and Article 350(1) of the Criminal Act apply to the prosecutor’s violation of the Punishment of Violences, etc. against the Defendants among the facts charged in the instant case at the trial of the party: “Article 2(2)3 of the Punishment of Violences, etc. Act and Article 350(1) of the Criminal Act”; “Article 2(2)3 of the Punishment of Violences, etc. Act and Article 350(1) of the Criminal Act”; ② The name of the crime committed against the Defendant B is “special injury”; Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act; Articles 257(1) and 30(1) of the Criminal Act and Article 350(1) of the Act are amended to the application for permission for modification of the indictment.”