특수상해
All appeals by the Defendants and the Prosecutor are dismissed.
1. The summary of the grounds for appeal appealed from the lower court’s punishment (one year of imprisonment for Defendant A, one year of imprisonment for Defendant B, and one year and two months of imprisonment for each of them) so as to be too unreasonable. The prosecutor appealed from the lower court’s punishment against the Defendants because it is too unfasible and unfair.
2. The fact that the victim G expressed his/her intent not to be punished by the Defendants, and that the Defendants are both aware of their mistakes, and are against the Defendants, is favorable to the Defendants.
On the other hand, both Defendants were punished for violent crimes, and Defendant C committed a crime even though they were in the period of repeated crime due to robbery, etc., and the fact that the Defendants were cruel in the Criminal Act used to Victim G was disadvantageous to the Defendants.
In addition, the Defendants’ age, sexual conduct, environment, motive and consequence of the crime, and circumstances revealed in the instant pleadings are considered. As such, the lower court’s punishment against the Defendants is too heavy or it is not deemed unfair because it is too heavy, and thus, the Defendants and the Prosecutor’s assertion is rejected.
3. Conclusion, the appeal by the Defendants and the public prosecutor is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.