폭력행위등처벌에관한법률위반(공동폭행)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable as it is too unfasible to each sentence (for the Defendants, a fine of KRW 5 million) declared by the lower court against the Defendants.
2. The instant crime committed by the Defendants, along with the co-defendants of the lower court, was committed by assaulting the victims due to drinking and launching, and the nature of the crime is not less weak, and multiple violent crimes committed against the Defendants are disadvantageous to the Defendants.
However, there are some circumstances to consider the Defendants’ participation in the instant crime, and the degree of the Defendants’ participation is relatively minor, and the Defendants seem to be hard to prevent recidivism in the future by seriously reflecting the instant crime.
In addition, the victims have reached excessive agreements, and the victims have consistently sought the Defendants' preference.
In light of the above conditions unfavorable or favorable to the Defendants, and the age, sex, environment, and all other conditions of sentencing as shown in the argument of this case, it does not seem that the lower court’s punishment against the Defendants is too uneasible and unfair.
Therefore, the prosecutor's above assertion 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.