상해등
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal is that each of the punishments (a fine of three million won) against the Defendants in the lower court is too unhued and unreasonable.
2. Determination
A. Defendant A without any particular reason, is an unfavorable sentencing condition against Defendant A, for the following reasons: (a) Defendant A, without any particular reason, has inflicted an injury on a female student B, who is the father of a female student and resisted to this effect; and (b) the nature of the crime is not less and less than that of the crime; and (c) Defendant A did not agree with the victims or was unable to recover from the damage.
However, in full view of the following circumstances: (a) Defendant A’s recognition of the instant crime and reflects the fact that the record of criminal punishment is not confirmed prior to the instant crime; (b) Defendant A also suffered considerable damage from Co-Defendant B; and (c) other circumstances that are conditions for sentencing as indicated in the instant case, such as the Defendant A’s age, character and conduct, environment, family relationship, and circumstances after the instant crime, the lower court’s sentence is too unjustifiable, and thus, the Prosecutor’s allegation of unfair sentencing against Defendant A does not accept
B. Defendant B’s injury requiring approximately eight weeks of treatment to Co-Defendant A is an unfavorable sentencing condition against Defendant B, with the fact that the nature of the crime is not less than that of Defendant B’s injury, and that Defendant B did not agree with the above A or have not recovered from damage to the trial.
However, Defendant B’s recognition of the instant crime and reflects the fact that Defendant B committed the instant crime, and the instant crime was committed by Defendant B’s wife in the course of protesting against the said Nonparty A to listen to a severe desire, and there are circumstances to consider the background of the instant crime. Prior to the instant crime, Defendant B had no record of criminal punishment in addition to the punishment of a fine once for the instant crime, and other circumstances, such as Defendant B’s age, character and conduct, environment, family relationship, conditions after the instant crime, etc. are considered comprehensively taking account of the following factors.