폭력행위등처벌에관한법률위반(공동폭행)등
All appeals by the Defendants and the Prosecutor are dismissed.
1. On January 15, 2018, Defendant A received a notice of receipt of the record of trial from this court on January 17, 2018, and Defendant B did not submit a statement of reasons for appeal within the submission period for legitimate grounds for appeal even though it received a notice of receipt of the record of trial from this court on January 17, 2018. The petition of appeal submitted by the Defendants did not state the reasons for appeal, and there is no reason for ex officio investigation even after examining the record.
2. Determination on the prosecutor’s appeal
A. The gist of the grounds for appeal is that the lower court’s punishment (each of the Defendants’ penalties of KRW 4 million) is too uneased and unreasonable.
B. Although there were criminal records of the same kind of violence against the Defendants, the Defendants’ errors are against the Defendants, and the victims do not wish to punish the Defendants, and there are no criminal records exceeding the fines, and other various sentencing conditions as shown in the instant pleadings, including the circumstances leading up to the instant crime, the circumstances after the commission of the crime, the Defendants’ age, sexual conduct, and environment, and thus, it is not recognized that the lower court’s punishment is too unreasonable and unfair. Accordingly, the Prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed pursuant to Article 346 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. The defendants' appeal shall be dismissed by decision pursuant to Articles 361-4 (1) and 361-3 (1) of the Criminal Procedure Act, but as long as the prosecutor's appeal is decided as above, the defendants' appeal shall also be dismissed by decision. It is so decided as per Disposition.