폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
All appeals by the Defendants are dismissed.
1. The judgment of the court below against the defendants in summary of the grounds for appeal (the defendant A: 2 years of imprisonment; the defendant B: the fine of one million won) is too unreasonable.
2. Determination
A. In full view of all the factors of sentencing, including the Defendant’s age, character and conduct, environment, circumstances, etc., the sentence of the lower court is deemed appropriate in full view of the following: (a) Defendant A led to the Defendant to commit the instant crime; (b) the Defendant re-offending 20,000 won to the Victim F; (c) the Defendant committed the instant crime even though 20 times the previous and the previous charges were committed; (d) the Defendant was sentenced to suspended execution due to the previous charges; (e) the Defendant committed the instant crime; (e) the Defendant’s head was extremely poor; (e) the Defendant’s head was not agreed with the Victim H; and (e) the Defendant’s age, character and conduct, circumstances, and conditions after the crime.
B. In full view of all the factors of sentencing, including the Defendant’s age, character and conduct, environment, circumstances after the crime, etc., although Defendant B led to the Defendant to commit the crime, it is not deemed that the sentence of the lower court is too unreasonable, considering the following factors: (a) the Defendant had the same previous department two times; (b) the Defendant did not agree with the Victim F; and
3. As such, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.