폭력행위등처벌에관한법률위반(공동폭행)
All of the appeals by prosecutors are dismissed.
1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the lower court on the Defendants (a fine of KRW 5 million, a fine of KRW 4 million, and a fine of KRW 4 million) is too uneased.
2. The crime of this case was committed by the Defendants on the grounds of minor assault by the Defendants, and the nature of the crime is not good. The Defendants had been punished several times for the same kind of crime, and in particular, Defendant A committed the crime of this case without being aware of the fact that the Defendants committed the crime of this case even during the suspension period of execution due to the same kind of crime.
However, there is no additional damage, such as the occurrence of injury to the victim, by making the content of the crime of this case simply a simple assault, and the fact that the injured party smoothly agreed with the victim that the victim wanted to take the measures against the Defendants, etc. is more favorable.
In addition to the above circumstances, considering various conditions of sentencing specified in the records and arguments of this case, such as the Defendants’ age, sexual conduct, environment, motive and circumstance of the crime, means and consequence of the crime, etc., the judgment of the court below cannot be deemed to have exceeded the reasonable bounds of discretion or to be unfair to maintain them as they are.
Therefore, the prosecutor's improper argument of sentencing is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.