특정범죄가중처벌등에관한법률위반(운전자폭행등)등
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal (for defendant A, 8 months of imprisonment, 2 years of suspended execution, and 3 million won of fine) of the lower court is deemed to be too uneasible and unfair.
2. The judgment of unfair sentencing refers to the case where the sentence of the judgment of the court below is too heavy or too minor in light of the content of the specific case.
Based on the statutory penalty, the sentencing is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act based on the statutory penalty, and there is a unique area of the first instance court in our Criminal Procedure Act, which takes the trial-oriented principle and the direct principle.
In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.
(2) In the event that the Defendants agreed with the victim E on July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court, based on its stated reasoning, sentenced the Defendants to the above punishment on the grounds of sentencing, including the fact that the Defendants agreed with the victim E, all the Defendants recognized the crimes, and reflects the criminal records, Defendant A did not have any criminal records exceeding the same kind of criminal record or fine, and Defendant B was the primary offender, and there is no special circumstance or change in circumstances that may be considered newly in sentencing in the trial. In full view of the Defendants’ age, character and conduct, family relationship, motive and circumstance of the crime, and all of the sentencing factors indicated in the instant records and arguments, the lower court’s sentencing is too unfeas
3. In conclusion, since the prosecutor's appeal against the defendants is without merit, all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.