상해
All of the appeals by prosecutors are dismissed.
1. The summary of the grounds for appeal (unfair sentencing) is that the sentence of sentence (the suspended sentence of a fine of KRW 500,000,000 and the suspended sentence of a fine of KRW 300,000) by the lower court is too uneasible, in light of the fact that the Defendants committed a non-discriminatory collective assault against the victim and the nature
2. It is recognized that the Defendants did not receive a letter from the injured party.
However, the crime of this case occurred in the street, where the defendant and the injured party reside in the apartment house with a voting letter for the dismissal of the representative of the apartment tenant representative, and the victim and the injured party occurred between the victim and D, the victim and the injured party were found at the site, and after the fighting began, the defendants resisted the victim's acts in the surrounding area and made minor physical contact with the victim, and thus the defendants did not commit any violence against the victim in a non-discrimination group with A, etc. like the prosecutor's assertion, there are considerable parts of the defendants' mistake, such as providing the cause of fighting in this case. The defendants confession and reflect in depth the crime of this case; the defendants are the first offender with no history of criminal punishment; the defendants' age, sexual behavior, environment, motive, means and result of the crime; and the circumstances after the crime, etc., the punishment of the court below against the defendants cannot be deemed to be unfair by taking into account the conditions of sentencing as set forth in the arguments of this case, such as the crime.
The prosecutor's 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.