폭력행위등처벌에관한법률위반(공동상해)등
All appeals by the Defendants are dismissed.
1. The summary of the grounds for appeal against the Defendants is too unreasonable that each of the punishments of the lower judgment against the Defendants (one year of imprisonment, two years of suspended execution, one hundred and sixty hours of community service, two months of suspended execution, two years of suspended execution, two years of community service, 80 hours of social service, and two million won of fine) is too unreasonable.
2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the reasons for sentencing indicated in the records of this case, the lower court’s sentencing against the Defendants is too unreasonable, and thus, cannot be deemed to have exceeded the reasonable scope of discretion.
3. The Defendants’ appeal is dismissed on the grounds that all of the appeals are without merit. It is so decided as per Disposition.