폭력행위등처벌에관한법률위반(상습상해)등
All appeals filed by prosecutors and defendants are dismissed.
Summary of Grounds for Appeal
A. In light of the previous convictions of Defendant A of mistake of facts, the motive, means, and method of the instant crime, the distance and similarity with the previous crime, etc., Defendant A may be found to have committed the instant crime, and thus, the lower court found Defendant A not guilty of this part of the facts charged even if the habituality of the injury of Defendant A was recognized. 2) In so determining, the lower court erred by misapprehending the facts that the lower court acquitted Defendant A of this part of the facts charged.
B. Each sentence of the lower court is too unreasonable.
Judgment
A. In light of the evidence duly adopted and examined by the lower court and the reasoning of the lower judgment, the lower court is just to have determined that the Defendant’s crime of this case was attributable to the realization of the violent habitive wall inherent in the Defendant A without any agreed doubt based on the circumstances as indicated in its reasoning, and it cannot be said that there was an error by misapprehending the facts and affecting the conclusion of the judgment, as otherwise alleged by the prosecutor.
Therefore, the prosecutor's argument of mistake is without merit.
B. The Defendants are more favorable factors for sentencing, such as whether unfair sentencing is imposed or not, and the Defendants agreed with the victims of injury.
On the other hand, the crime of this case is committed by the Defendants by making a non-discriminatory assault against the victims without any particular reason, and the nature of the crime is extremely poor in light of the motive of the crime and the risk of committing the crime, and the degree of damage, such as being injured at the scene of the victim G, is not less weak due to the crime of this case, and the degree of damage, such as being injured at the time of the victims, is deemed to be reasonable, and the mental and physical damage of the victims seems to remain in the upper place that can not be easily cured, and the Defendants are CCTV screen.