폭력행위등처벌에관한법률위반(공동상해)
The prosecutor's appeal is dismissed.
The F applicant for compensation shall be dismissed.
1. The summary of the grounds for appeal is unreasonable since the sentence (a fine of two million won is imposed on the Defendants: Defendant A; a fine of three million won is imposed on the Defendants) declared by the lower court to the Defendants is excessively unhued.
2. Determination Doesck, the degree of injury suffered by the victims is not easy, the victims did not agree with the victims up to now, and the defendant B had the record of receiving the transfer of juvenile protection cases for the same kind of violence crime, etc. are recognized as disadvantageous to the defendants.
However, in light of the following: (a) the Defendants recognized the facts of the crime in this case and against their mistakes; (b) the Defendants appears to have committed the crime in this case in a somewhat contingent and contingent manner; (c) Defendant A was the first offender; (d) Defendant B deposited KRW 2 million for the victim E; and (e) Defendant B deposited KRW 700,000 for the victim F; and (d) the Defendants’ family members are leading the Defendants; and (e) other circumstances that are conditions for the sentencing in this case, including the Defendants’ age, character and conduct, intelligence and environment, motive, means and consequence of the crime in this case; and (e) the circumstances after the crime in this case, family relations, etc., the Prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.
[Judgment as to the application for compensation] Since the scope of compensation liability is unclear as the Defendants deposited part of the amount of damage for F, the application for compensation order by the applicant for compensation is dismissed in accordance with Articles 32(1) and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings as there is no reason.