상해
The judgment of the court below is reversed.
Defendant
A Imprisonment for six months, and Defendant B shall be punished by a fine of two million won.
Defendant .
1. The summary of the grounds for appeal against the Defendants is too unreasonable that the lower court’s respective sentences (for Defendant A, 2 years of suspended execution, observation of protection, community service work 160 hours, Defendant B’s fine of three million won) are too unreasonable.
2. Determination
A. The fact that Defendant A had been punished more than 20 times for the same crime is disadvantageous to Defendant A.
However, when considering the various circumstances shown in the arguments of this case, such as Defendant A’s age, sexual conduct, environment, motive and consequence of the crime, circumstance after the crime, etc., the sentence of the court below against Defendant A is too unreasonable because it is too unreasonable, since Defendant A’s assertion is justified, since Defendant A’s punishment is too unreasonable.
B. The part that Defendant B’s injury did not amount to that of Defendant B is disadvantageous to Defendant B.
However, Defendant B did not have the record of crime as well as once of fine, Defendant B recognized and opposed to his mistake, Defendant B agreed that Defendant B reached the first instance trial with the victim and agreed that Defendant B reached the first instance trial, and Defendant B’s assertion is well-grounded in light of the following circumstances: (a) Defendant B’s age, sexual conduct, environment, motive and consequence of the crime, and circumstances after the crime; (b) Defendant B’s punishment of the lower court against Defendant B is too unreasonable, and thus, Defendant B’s assertion is also reasonable.
3. As the Defendants’ appeal is reasonable, the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the final judgment is reversed, and the subsequent decision is rendered after pleading as follows.
- The judgment re-written against the Defendants – the facts constituting the offense and the summary of the evidence recognized by the court, and the summary of the evidence, are “Defendant A’s partial legal statement” in the summary of the evidence of the judgment below.