폭력행위등처벌에관한법률위반(공동상해)등
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal (the 6 million won of the fine A, the 100,000 won of the imprisonment with labor for Defendant B, the 2-year suspended execution, the observation of protection, the community service work hours of 160 hours) declared by the court below is too unfasible and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendants agreed to both the victims of injury and interference with their duties, Defendant A has no other criminal record except for the one-time suspended execution of a crime committed by this type, Defendant B has no criminal history other than the one-time criminal punishment of a fine for the same crime, and the sentencing of the lower court is deemed appropriate in full view of other various circumstances, including the Defendants’ age, sexual behavior, environment, motive, means and consequence of a crime, and the circumstances after a crime, etc., and the sentencing of the lower court is deemed as being too unhued so far as it goes beyond the reasonable scope of discretion.
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.