상해등
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment for eight months, and imprisonment for one year and two months, respectively.
evidence of seizure.
1. The lower court rendered a judgment dismissing the prosecution against Defendant A regarding the intimidation against Defendant A, and rendered a judgment of conviction against the remainder of the facts charged.
Defendant
A appealed only the guilty portion of the judgment of the court below, and the dismissal portion of the above prosecution which the defendant A and the prosecutor did not appeal was separated and finalized after the lapse of the appeal period.
Therefore, the scope of this court's trial against Defendant A is limited to the guilty part of the judgment below.
2. The summary of the grounds for appeal (i.e., imprisonment of 10 months for Defendant A; (ii) imprisonment of 1 year and 6 months for Defendant B; and (iii) confiscation evidence of 3) is too unreasonable.
3. Defendant A had a number of records of criminal punishment for the same type of crime, such as injury, confinement, intimidation, etc., and even if Defendant A was punished by a fine for the crime of bodily injury during the repeated crime period due to the same type of crime (a special crime, etc.), Defendant A again committed the instant crime during the appellate trial of the said fine (Seoul District Court Decision 2017Radan1446) (No. 1191, Gwangju District Court Decision 2018No. 2011).
Defendant
B has a record of criminal punishment for the same crime of injury.
The crime of this case is not good for the defendants operating entertainment centers to commit the crime of this case, such as assault and intimidation, confinement, etc., on the ground that the victims, who are female employees, are not faithful to the duties of entertainment centers while performing their educational tasks.
In particular, Defendant B used a food knife, which is a dangerous object at the time of injuring Victim L, and prevented Defendant B from destroying evidence.
However, there are more favorable circumstances, such as the fact that the Defendants recognized the crime of this case, agreed with the victims at the original trial stage, and paid additional agreed money to the victims at the time of the trial, and the victims were present at the trial as a witness and wanting to leave the Defendants’ preference.
(b) other.