특수상해등
1. Of the judgment of the first instance and the judgment of the second instance, the part against Defendant A in the judgment of the second instance is reversed.
Defendant
A shall be punished by imprisonment with prison labor for one year.
1. Summary of grounds for appeal;
A. The punishment of Defendant A (the first instance court, the 4 years of suspended execution in August, and the second instance court, the 10th court, the 10th court below) of the lower court is too unreasonable.
B. The punishment of the lower court against Defendant A by the Prosecutor (the same as above) and that of Defendant F by the second instance court against Defendant F (the amount of a punishment of KRW 3 million) is too uneased and unreasonable.
2. Defendant F’s Defendant F without being aware of the fact that Defendant F was under probation, is disadvantageous to Defendant F.
However, considering the fact that Defendant F has no record of punishment for the same kind of crime; Defendant F’s perjury did not affect the trial result of the case; Defendant F’s confession, etc.; Defendant F’s confession, etc.; and other circumstances revealed in the argument of this case, such as Defendant F’s age, sexual conduct, environment, motive and consequence of the crime; and circumstances after the crime, etc., the court below’s punishment against Defendant F is too uneasible and unreasonable. Accordingly, the Prosecutor’s unjust assertion of sentencing against Defendant F is rejected.
3. The grounds for appeal against the defendant A and the prosecutor A are examined ex officio prior to the judgment on the grounds for appeal.
Defendant
A and the prosecutor filed an appeal against the judgment of the court below against Defendant A and examined this Court jointly. The judgment of the court below against Defendant A is a concurrent crime under the former part of Article 37 of the Criminal Act. Since each crime against Defendant A is a concurrent crime under Article 38(1)2 of the Criminal Act, the judgment of the court below against Defendant A cannot be maintained as it is.
4. Conclusion
A. Since the prosecutor’s appeal against Defendant F is without merit, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act (Provided, That pursuant to Article 25(1) of the Regulation on Criminal Procedure, the part concerning reduction of self-denunciation of Defendant F in the application of the Act on Criminal Procedure to Defendant F ex officio pursuant to Article 25(1) of the same Act