특수상해등
The judgment of the court below (excluding the part of dismissal of public prosecution against Defendant A) shall be reversed.
Defendant
A and B shall be punished by imprisonment for six months.
1. The lower court dismissed the prosecution against Defendant A regarding the charge of assault, among the facts charged against Defendant A, on the ground that Defendant A appealed the guilty part of the lower judgment on the grounds of unfair sentencing, and the prosecutor did not appeal.
Therefore, since the judgment of the court below to dismiss the public prosecution against Defendant A became final and conclusive separately, the part to dismiss the public prosecution is excluded from the scope of the judgment of this court.
Ultimately, among the judgment below, only the guilty part against Defendant A and only the part against Defendant B belongs to the scope of the judgment of this court.
2. The summary of the grounds for appeal (unfair sentencing) is too heavy for each sentence imposed by the lower court on the Defendants (a prison term of six months, two years of suspended execution, 40 hours of an order to attend alcohol treatment lectures, 40 hours of an order to attend violent treatment lectures, and 80 hours of an order to provide community service).
3. The judgment of the defendant A inflicted an injury on the victim H's left chest due to a shouldered sofar disease by the defendant A, and the defendant B inflicted an injury on the victim A with an important eight weeks of caution by assaulting the victim A. It is not good that the crime of the defendants is committed.
However, the Defendants led to the confession of the instant crime and reflect their mistake.
Defendant
A appears to have committed any contingent crime under the influence of alcohol, and Defendant B committed any crime by causing the victim A to be a shouldered softener disease, resulting in a knife and inflicting an injury on Defendant B, and it is also considered in the process of committing the crime.
Defendant
There is no record of criminal punishment against A.
Defendant
There is no same record to B, and there is no record of different types of punishment except for punishment by a fine twice.
A victim H does not want to be punished by Defendant A, and the victim A does not want to be punished by Defendant B.
In addition, considering the various circumstances, which are the conditions for sentencing as shown in the records and arguments of this case, the sentence imposed by the court below is somewhat heavy.
4. Conclusion, the Defendants’ conclusion is that.