특수폭행등
All appeals by the Defendants and the Prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The Prosecutor’s sentence (for the defendants, 6 months of imprisonment, 2 years of suspended execution, 80 hours of community service, 40 hours of violent therapy) is too unhued and unreasonable.
B. The sentence of the lower court is too unreasonable.
2. We examine both the judgment prosecutor and the Defendants’ respective arguments on unreasonable sentencing.
The defendants have been abused by using the status of workplace superior for a long time, and it is not very good that the crime is committed.
It seems that the mental suffering suffered by the victim is very significant due to the crime of this case, and the defendants did not agree with the victim.
This is disadvantageous to the defendant.
However, the Defendants appeared to reflect upon recognizing the crime of this case.
The Defendants are the primary offenders who have no means of criminal punishment, and even though they did not reach an agreement with the victim, they seem to have made a minimum effort to recover damage.
This is favorable to the defendants.
In full view of such circumstances as well as the Defendant’s age, environment, character and conduct, motive for committing the instant crime, and circumstances before and after the commission of the crime, there are no circumstances that the lower court’s sentence against the Defendants is appropriate, and that it is deemed that the lower court’s judgment exceeded the reasonable bounds of discretion or that it is unreasonable to maintain it as it is.
Therefore, as the prosecutor asserts that the sentence imposed by the court below is too uneasible and unfair.
In light of the above, the prosecutor and the Defendants’ aforementioned arguments are without merit, since they cannot be deemed to be unfair because they were too large as alleged by the Defendants.
3. In conclusion, the appeal by the Defendants and the public prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants and the public prosecutor are without merit.