폭력행위등처벌에관한법률위반(공동상해)등
All of the appeals by the prosecutor against the defendant A and the appeal by the defendant C are dismissed.
1. Summary of grounds for appeal;
A. The lower court’s punishment against the Defendant A of the Prosecutor (two years of imprisonment, three years of suspended execution) is too unhued and unreasonable.
B. Defendant C’s imprisonment (two months of imprisonment, two years of suspended sentence) is too unreasonable.
2. Determination
A. As to the prosecutor’s assertion, the Defendant primarily planned and executed the instant crime, and the motive leading the Defendant to commit the instant crime and the fact that the method of its use is inadequate are disadvantageous to the Defendant.
However, in full view of the following factors: (a) the Defendant led to the confession of the instant crime; (b) there was agreement with the victim G; (c) the lower court has already been determined by fully taking into account all the circumstances; and (d) there was no change of circumstances that could have different the Defendant’s age and character, character and conduct, intelligence and environment; (b) relationship with victims; and (c) motive, means and consequence of the instant crime; and (d) circumstances after the instant crime, etc., the lower court’s punishment is deemed appropriate.
Therefore, prosecutor's assertion is without merit.
B. Determination of Defendant C’s assertion is a favorable circumstance for the Defendant, such as the fact that the Defendant led to the instant crime, the background leading up to the Defendant’s participation in the instant crime, and the degree of participation appears to be minor, and the fact that the Defendant agreed with the victim.
However, the statutory penalty for the instant crime is not prescribed differently, and the suspension of sentence is impossible for the Defendant to have been sentenced to imprisonment due to a previous conviction. The lower court determined the sentence in consideration of such overall circumstances. In full view of the following factors: (a) the Defendant’s age, character and conduct, intelligence and environment; (b) the relationship with the victim; (c) the motive, means and consequence of the instant crime; and (d) the Defendant’s motive, consequence and circumstances after the instant crime, etc., the lower court’s punishment is deemed reasonable.
Therefore, Defendant C's.