All of the appeals by prosecutors are dismissed.

The summary of the grounds for appeal is unreasonable because the punishment (the fine of KRW 10 million for Defendant A, and the fine of KRW 7 million for Defendant B) imposed by the lower court on the Defendants is too uneased.

Judgment

If there is no change in the conditions of sentencing compared with the lower court, and the lower court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The instant crime was committed by the Defendants as its assistants, who are competing criminal organizations, as of December 8, 2018, by jointly assaulting the victim Z, C, which is a competing criminal organization, and its nature is not good, and the fact that the Defendants have a number of criminal punishment records against the Defendants is disadvantageous to the Defendants.

On the other hand, the defendants recognized the crime of this case, the degree of violence exercised by the defendants is not much serious, the defendants caused the crime under the direction of S, which is an assistant employee, and the victims expressed their intent that they do not want punishment against the defendant A, and the defendants shall withdraw from the crime organization (D) and shall not join and act in the future.

It is favorable to the Defendants.

In addition to the fact that there is no change in circumstances in relation to the conditions of sentencing after the sentence of the lower judgment, considering comprehensively the conditions of sentencing as stipulated in Article 51 of the Criminal Act, such as the Defendants’ age, sex, environment, motive, means and consequence of the commission of the crime, including the circumstances favorable to the Defendants, as seen above, it cannot be deemed unfair because the lower court is too unreasonable to the extent that the sentence imposed on the Defendants is deemed to have exceeded the reasonable scope of discretion.

Therefore, the prosecutor's improper argument of sentencing cannot be accepted.

In conclusion, the prosecutor's appeal against the defendants is without merit, and therefore, Article 364 (4) of the Criminal Procedure Act is not applicable.