폭력행위등처벌에관한법률위반(공동상해)등
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
The punishment against A shall be eight months.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court by Defendant A is too unreasonable.
B. The sentence imposed by the prosecutor by the court below to Defendant B is too unhued and unreasonable.
2. Determination
A. Defendant A did not want the punishment of Defendant A after the judgment of the court below, with the victims.
Defendant
A made a statement to the effect that A voluntarily surrenders to investigative agencies and led to the confession of his crime.
No person shall have the record of criminal punishment, except for one case before 16 years have elapsed.
In addition, the lower court’s sentence against Defendant A is unreasonable by comparing the sentencing conditions as indicated in the instant case’s records and changes, and the reasons for sentencing of the lower court’s judgment.
B. After the judgment of the court below on the prosecutor’s improper assertion of sentencing, the victim G does not want punishment against Defendant B.
Defendant
B has no record of criminal punishment, and the crime of this case has occurred contingently.
In addition, considering the facts alleged by the prosecutor on the grounds of appeal, the lower court’s sentence against Defendant B cannot be deemed as unfair, even if it is deemed that the lower court’s sentence is unfasible.
We do not accept the prosecutor's improper argument of sentencing.
3. As conclusion, Defendant A’s unfair assertion of sentencing was accepted, the part of the judgment below against Defendant A among the judgment below pursuant to Article 364(6) of the Criminal Procedure Act is reversed, and the following is again decided after pleading.
We do not accept the prosecutor's improper argument of sentencing against Defendant B, and the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.
[Re-written judgment] The criminal facts and summary of evidence against Defendant A recognized by this court are all the same as the corresponding column of the judgment below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.