폭력행위등처벌에관한법률위반(공동상해)
All of the appeals by prosecutors are dismissed.
1. The summary of the grounds for appeal (for defendant A: 2 years of suspended sentence for 8 months of imprisonment; 80 hours of community service order for defendant B; 2 years of suspended sentence for 1 year of imprisonment; 80 hours of community service order for 80 hours of community service order) declared by the court below is too unfasible and unreasonable
2. In light of the course and risk of the instant case, there is no good quality of the instant crime, the degree of injury inflicted on the victim is not somewhat weak, the Defendants failed to agree with the victim up to the trial. The victim was a severe punishment against the Defendants, and the Defendant B was punished for the same kind of crime.
On the other hand, there are favorable circumstances, such as the fact that the Defendants properly recognized and reflected their mistakes, the Defendants seem to have committed the instant crime by contingently, Defendant A is a primary offender who has no criminal power, Defendant B has no criminal record exceeding the fine, Defendant B has no criminal record, and the Defendants deposited some amount for the recovery of damage.
In addition, in full view of the circumstances of the instant crime, circumstances after the instant crime, the Defendants’ age, character and conduct, environment, etc., as well as the application of the sentencing guidelines of the Sentencing Commission, the Prosecutor’s assertion is without merit since the sentence imposed by the lower court is too unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.