상해등
The judgment below
Of the defendants B, the part of the defendant is reversed.
Defendant
B shall be punished by a fine of 5,000,000 won.
Defendant
B.
1. Determination of the summary of the grounds for appeal (unfair punishment: 2 years of imprisonment, and 4 months of imprisonment) is unreasonable;
2. Determination
A. The sentence sentenced by the court below to determine the sentencing of Defendant A is within the scope of recommended sentencing guidelines (at least eight months of imprisonment).
Although considering the agreement with some victims and the return of stolen damage as favorable sentencing factors, the punishment was determined in consideration of the criminal records such as the crime period of repeated crimes, the frequency of crimes, etc.
There is no change in sentencing elements in the appellate court.
Even if this court re-examines the sentencing factors and other factors set forth in the sentencing guidelines, the amount of the original sentence against the defendant A does not seem to be inappropriate.
B. The sentence sentenced by the court below to determine the sentencing of Defendant B is within the scope of the recommended sentencing guidelines (two months to ten months of imprisonment).
While considering the favorable sentencing factors such as the victim's agreement with the victim, the sentence was determined in consideration of the fact that the crime is committed during the same suspended sentence period.
However, the defendant B recognizes the crime in the appellate court and reflects it.
There are circumstances to take into account the background of the occurrence of crimes.
In addition, if the sentencing factors are reviewed again, the determination of the original sentence against Defendant B is unreasonable.
3. Conclusion, Defendant A’s appeal is without merit.
The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.
Defendant
B The appeal in respect of B is justified.
Pursuant to Article 364(6) of the Criminal Procedure Act, the part of the judgment below against Defendant B shall be reversed, and it shall be judged again after pleading
Criminal facts
Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the choice of punishment;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;