폭력행위등처벌에관한법률위반(공동상해)
All appeals filed by prosecutors and defendants are dismissed.
1. Summary of grounds for appeal;
A. The Prosecutor’s sentence (Defendant A: imprisonment with prison labor for one year, and Defendant B: imprisonment with prison labor for eight months) imposed by the lower court on Defendant A and B is too unhued and unreasonable.
B. The sentence imposed by the lower court on the Defendants (Defendant D: fine of KRW 7,000,000) is too unreasonable.
2. We examine both the judgment prosecutor and the Defendants’ respective unfair arguments on the sentencing. The instant crime begins with Defendant A’s major axis, Defendant A’s status as organized violence crime, and the rest of the Defendants and accomplices continued to inflict bodily injury for a long time while leading the victims to various public places. It is inevitable to punish the victims for a limited period of time, depending on general violence cases, and Defendant A has committed the same kind of crime. While the investigation was conducted through the handling of narcotics, Defendant B was sentenced to the suspension of the execution of imprisonment for the same kind of crime, Defendant D committed the instant crime without among all the Defendants, and even during the suspension of the execution of imprisonment for the same crime, Defendant D committed the instant crime without a repeated crime after the completion of the execution of imprisonment for the crime of fraud, and the degree of injury inflicted on the victims is considerable.
However, in full view of the following facts: (a) the Defendants recognized the instant crime; (b) the Defendants committed the instant crime; (c) the victims and agreed with the victims; and (d) the Defendants’ age, sex, environment, family relationship, motive, circumstances, means and consequence of the instant crime; and (d) all the sentencing conditions as shown in the records and arguments, such as the circumstances after the commission of the crime; and (b) the sentence imposed by the lower court was adequate and the judgment of the lower court
There are no circumstances such as evaluation or maintenance of it is deemed unfair.
Therefore, the prosecutor asserts the sentence imposed by the court below.