폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (two years of imprisonment for a term of one year, two years of suspended execution, and one hundred and twenty hours of community service) is too unhued and unreasonable;
2. The defendant's criminal act could cause more severe damage, and the defendant did not reach an agreement with the victims until the trial was held, and the victim E wanted to take severe punishment against the defendant.
However, in light of the fact that the instant crime has occurred contingently, that the Defendant deposited KRW 9 million for the victim E at the lower court (However, the said victim refused to receive the deposit and consented to the recovery of the Defendant’s deposit), and that the Defendant was punished twice for a violation of the Punishment of Violences, etc. Act prior to a long time, but there was no other significant penalty, the execution of imprisonment shall be suspended, but the lower court’s punishment added to the community service order for 120 hours cannot be deemed to be unreasonable because it is too unaffortuous.
3. Accordingly, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.