폭력행위등처벌에관한법률위반(공동상해)
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. The Defendants of mental and physical disorder had mental and physical loss or mental weakness at the time of committing the instant crime under the influence of alcohol.
B. The sentence sentenced by the lower court (each fine of three million won) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, it is acknowledged that the Defendants had drinking alcohol at the time of the crime of this case. Meanwhile, in light of various circumstances such as the background, means, and the Defendants’ behavior before and after the crime of this case acknowledged by these evidence, it is not deemed that the Defendants did not have the ability to discern things or make decisions under the influence of alcohol at the time of the crime, and thus, the Defendants’ mental and physical disorder assertion is without merit.
B. The crime of this case as to the assertion of unfair punishment is not likely to cause injury to the Defendants by assaulting the victims without any justifiable reason. In particular, Defendant B had the records of punishment several times due to the crime of violence, which is disadvantageous to the Defendants, but did not limit the degree of injury to the victims, which is agreed upon with the victims, and which is favorable to the Defendants, and all of the sentencing conditions specified in the records and arguments of this case, including the Defendants’ age, sexual behavior, and the circumstances after the crime, etc., should be taken into account in light of the circumstances that the court below's sentence imposed on the Defendants is appropriate, and it cannot be deemed unfair since it is too too too too unreasonable. Thus, the Defendants' argument of sentencing is without merit.
3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants are without merit. It is so decided as per Disposition.