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All appeals by the Defendants are dismissed.
Reasons
1. The sentence (Defendant A: Imprisonment with prison labor for 7 months and Defendant B: imprisonment with prison labor for 4 months) declared by the court below is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect this case’s sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The instant crime was committed two times by Defendant B, who was on the part of the face of the Defendant A, and Defendant A was charged with an injury on the face by taking the main illness once against Defendant A, and thus, Defendant A was injured on the face. The content and degree of the type of force of mutual exercise, degree of damage, and degree of damage are not provided against each other.
Defendant
In the case of A, the circumstances of the instant case, such as Defendant B’s act of attack under the influence of alcohol and inducing fighting, etc. However, the lower court sentenced a sentence lower than the statutory minimum of statutory punishment for special injury by taking account of the aforementioned circumstances into account.
Defendant
In the case of B, the crime of this case was committed again even during the same repeated crime period.
In addition, considering the following circumstances, even if the Defendants do not want the punishment among themselves, the lower court’s punishment is not heavier than the sentence imposed against the Defendants, even if considering that the Defendants do not want the punishment among themselves, such as the age, family relation, criminal record (which means that all the Defendants are able to have the same criminal history, repeated crimes), and the circumstances after the commission of the crime.
3. Accordingly, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.