상해
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for two years.
except that this judgment.
1. The summary of the grounds for appeal (in case of Defendant A: the prison term of ten months; the community service order of one hundred and sixty hours; Defendant B: the community service order of one and half years under one year and six months under one year and six months under one year and six months under one; and the community service order of one hundred and sixty hours under one hundred and sixty hours under one’s one) of the lower judgment against the Defendants is deemed unfair.
2. Determination
A. In full view of the sentencing conditions indicated in the instant case, including the following favorable circumstances: (a) Defendant A did not agree with the victim; (b) Defendant A had been punished several times of violence; and (c) Defendant A led to the confession of the facts of crime; and (d) Defendant A was also subject to assault from the victim during the time of vision with the victim; (b) Defendant A’s age, occupation, character and conduct; (c) motives of the instant crime; (d) the motive of the instant crime; (e) the relationship between the said Defendant and the victim; and (e) the circumstances after the crime, the lower court’s sentence against Defendant A is too unreasonable.
B. Defendant B made a confession of the fact of the crime, and deposit KRW 7 million for the victim. There are favorable circumstances such as deposit of Defendant B for the victim.
However, in light of the following: (a) Defendant B inflicted an injury upon the victim as a beer disease, which is a dangerous object without any particular reason; (b) the degree of injury is poor in light of the method of the crime; (c) the failure to reach an agreement with the victim; and (d) Defendant B had been sentenced twice or more by the suspension of the execution of imprisonment with prison labor due to an act of violence, including the unfavorable circumstances to Defendant B; (b) the above Defendant’s age, occupation, character and conduct; (c) the motive of the crime of this case; (d) the relationship between the said Defendant and the victim; and (e) the circumstances after the crime, etc., the sentence of the lower court against Defendant B is unreasonable.
3. Thus, the prosecutor's appeal against the defendant A is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and defendant B.