Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by a fine of KRW 1,000,000.

3.2

A. Defendant B’s sentence (2 million won penalty) imposed by the above Defendant B is too unreasonable.

B. The punishment sentenced by the court below to Defendant A (2 million won in penalty) is too unhued and unfair.

2. Determination

A. In light of the background leading up to the instant crime, the degree of assault exercised by the Defendant, the criminal record of the Defendant’s criminal punishment, etc., which is determined in the appeal by Defendant B, the nature of the instant crime is not weak.

However, in full view of all the factors such as the defendant's age, sexual conduct, environment, motive, means and consequence, etc., the sentence of the court below against the defendant is too unreasonable because it is too unreasonable, in light of the following: (a) there is no record of criminal punishment since 2007; (b) the defendant suffered a serious injury from the co-defendant; and (c) the co-defendants have agreed smoothly with the co-defendants; and (d) other factors of sentencing, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime.

B. In light of the prosecutor’s judgment on the appeal against Defendant A by the prosecutor, the circumstances leading up to the instant crime, the degree of assault used by the Defendant, and the record of criminal punishment against the Defendant, etc., it is necessary to strictly punish the Defendant.

However, in full view of all the sentencing conditions, such as the Defendant’s age, sex, environment, motive, means and consequence, etc., the sentence of the court below is too uneasible and unfair, in light of the following: (a) the Defendant has committed a crime; and (b) the Defendant has reached a unanimous agreement with the co-defendants in the past; and (c) other factors such as the Defendant’s age, sex, environment, motive, means and consequence; and

3. In conclusion, Defendant B’s appeal is with merit. Accordingly, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal against Defendant A is again decided as follows. Since the prosecutor’s appeal against Defendant A is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.