폭력행위등처벌에관한법률위반(공동상해)등
All appeals filed by the prosecutor against the Defendants are dismissed.
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, it is unfair that the lower court’s respective sentences against the Defendants (for the Defendant C, six months of imprisonment, two years of suspended execution, one hundred and twenty hours of community service, Defendant D: imprisonment for eight months of suspended execution, two years of suspended execution, and one hundred and sixty hours of community service) are too uneasible.
2. In light of the fact that the Defendants, as a member of the watcher who was hard to judge, engaged in the strike of money and valuables from the victims, are very poor in the nature of the crime in light of the criminal law, the Defendants have the same criminal record, and did not agree with the victims, it is necessary to punish the Defendants solemnly.
However, in full view of all the sentencing conditions including the Defendants’ age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the lower court’s punishment against the Defendants is too uneasible and unreasonable, in light of the following: (a) the Defendants’ perceptions of the crime of injury in this case, the degree of injury by the victims of the crime of injury in this case is not relatively serious; and (b) the amount of damage caused by the crime of assault is not significant; and (c) the Defendants’ failure to repeat the crime while continuing community service activities.
3. In conclusion, since the prosecutor's appeal against the defendants is without merit, it is dismissed in entirety under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.