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Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A’s punishment of the lower court (a fine of KRW 5 million) is too unreasonable.
B. The lower court’s sentence (a fine of five million won) against Defendant B, which is too unhued and unreasonable.
2. Determination:
A. The part of the grounds for appeal by Defendant A is contrary to the facts charged, and it seems that Defendant A reflects on contingent measures.
However, the above defendant's assault causes serious injury to the victim, such as long-term two victims, etc., and there is no yet the damage of the victim, and the defendant has been punished twice for violent crimes.
In addition, comprehensively taking account of various circumstances, such as the above defendant's age, environment, character and conduct, and circumstances after the crime, the sentence of the court below is not deemed to be unfair.
B. The part of the grounds for appeal against Defendant B by the prosecutor is that Defendant B committed the instant crime during the period of repeated crime due to a violation of the Punishment of Violences, etc. Act (a collective weapon, injury by a deadly weapon, etc.), and there seems to be no circumstance to make efforts to recover the damage of the victim. The Defendant has been punished 10 times including a number of punishment for violent crimes.
However, the degree of injury of the victim caused by the assault by the above defendant is not severe, the degree of the assault is not much serious, and it seems that it has been sponsed by contingently.
In addition, comprehensively taking account of all the conditions of sentencing indicated in the records, such as the above defendant’s age, character and conduct, environment, occupation, and circumstances after the crime, the lower court’s sentence is not deemed unreasonable.
3. As such, the appeal by the defendant A and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.