Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

(b).

2. The crime of this case was committed jointly by the Defendants, and thus, the nature of the crime was not weak, and the degree of injury suffered by the victim was serious, etc. are disadvantageous to the Defendants.

However, in full view of the following circumstances: (a) the Defendants led to the confession of the crime in the trial; (b) the Defendants were detained for about two months after the date of the pronouncement of the judgment of the court below; (c) the Defendants had a family member to support the Defendants; and (d) the Defendants reflect their mistake, etc., the court below’s punishment is somewhat inappropriate, taking into account the following circumstances: (a) the Defendants’ age, character and conduct, environment, motive and background of the crime; (b) means and method of the crime; and (c) the circumstances after the crime were committed.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendants' appeal for the conclusion is with merit, and the following is ruled again.

[Discied Judgment] The facts constituting an offense and the summary of the evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, in addition to adding 1. 'A and B' to the summary of the evidence.

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act

2. Article 62 (1) of the Criminal Act for a suspended sentence (see, e.g., Supreme Court Decision 2006Da12488,