폭력행위등처벌에관한법률위반(공동상해)
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal is that the punishment (the fine of KRW 7 million, the fine of KRW 3 million, the fine of KRW 3 million, and the fine of KRW 5 million) declared by the court below against the Defendants is too unfasible and unfair.
2. The crime of this case in light of the degree of damage to the victim, and the fact that the Defendants did not agree with the victim as to the degree of harm caused by assaulting the victim for four weeks by assaulting the victim jointly, and that the crime of this case is not easy.
However, in full view of the following facts: (a) Defendants A, B, and D are first offenders; (b) Defendant C is not subject to any special criminal punishment in addition to the previous conviction of fine; (c) the Defendants were under the influence of alcohol to commit the instant crime by spraying the victim’s time and at the time; (d) the Defendants deposited KRW 4 million for the victim; and (c) the Defendants deposited the victim’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (d) all the sentencing conditions in the process of the trial and records, such as the circumstances after the crime, etc., the lower court’s sentence is too unjustifiable and unreasonable.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the appeal against the Defendants by the prosecutor is without merit. Thus, each of the appeals is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.