상해등
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and six months.
Defendant
B, .
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (two years of imprisonment; one year of imprisonment; one year of imprisonment; and three million won of fine) is too unreasonable.
2. Determination
A. Defendant A’s assertion not only has a large number of identical power but also committed the instant crime after being sentenced to two years of imprisonment with prison labor for the crime of gambling opening in 201 and being released from prison, and the degree of participation, such as the fact that he/she committed the instant crime during the period of repeated crime, and the actual management and distribution of the proceeds, etc. However, there are unfavorable circumstances such as Defendant A’s confession of the instant crime; on the other hand, Defendant A is against the mistake while making a confession of the instant crime; Defendant A reached an agreement with the victim C at the trial; equity with other accomplices; Defendant A’s age, character and behavior, environment, motive, means and consequence of the instant crime; and all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the crime, are inappropriate.
B. Although there are favorable circumstances such as the Defendants’ confession of the instant crime and reflects the wrongness of the Defendants, the Defendants had a history of criminal punishment several times, in particular, Defendant B was sentenced to imprisonment with prison labor for the same kind of power as well as the crime of gambling in 2011 and committed the instant crime again during the period of the repeated crime after release, and the degree of participation in the instant crime is significant, such as actual management and distribution of the proceeds. The lower court sentenced Defendant K to a minor fine compared to other accomplices, taking into account the following factors: Defendant C’s age, K’s character, character, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed unfair, taking into account all the sentencing conditions indicated in the instant records and arguments, such as the records and arguments of the instant case.