폭행치상
All of the appeals by prosecutors are dismissed.
1. The main point of the grounds for appeal is that the lower court’s sentence (two years of suspended sentence for four months of imprisonment for Defendant A, and two years of suspended sentence for fines of KRW 300,000) is too unhued and unreasonable.
2. The Defendants assaulted the other party on the ground of minor trial expenses, and did not agree with each other. In particular, Defendant A inflicted serious injury upon Defendant B in need of 12 weeks of care.
However, since the Defendants committed a contingent crime starting from a minor vision, there are some points to consider the circumstances of the crime, and the extent of the assault by the Defendants is relatively minor, and Defendant A deposited KRW 6 million.
In addition, although Defendant A has been punished several times for violent crimes, there is no record of punishment since 2003, and Defendant B has no record of crime.
In addition, considering the various circumstances that form the conditions for sentencing, such as the age, sex, environment, motive, method, and consequence, etc. of the Defendants as shown in records and pleadings, the lower court’s punishment is within the scope of reasonable discretion, and it is not recognized that it has reached the degree of undueness because it is too unfasible.
Therefore, prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor's appeal against the Defendants is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.