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All appeals by the Defendants and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Each sentence sentenced by the court below to the Defendants (one year of imprisonment with prison labor and one million won of additional collection, ten months of imprisonment with prison labor and one million won of additional collection, and two hundred and thirty thousand won of additional collection) are unfair.
B. Prosecutor 1) misunderstanding of facts (the part of acquittal against Defendant A in the judgment of the court below) found the Defendants not guilty of this part of the charges on the grounds that there was no evidence of reinforcement in addition to the confession of Defendant A. However, since there was no opportunity to submit additional evidence to the prosecutor, such as the examination of the witness to the above Defendant B, this part of the judgment of the court below is erroneous in misunderstanding of facts due to insufficient deliberation. 2) Each sentence sentenced by the court of unfair sentencing to the Defendants
2. Determination
A. The Defendants on the part of the Defendants and the prosecutor’s assertion of unreasonable sentencing are favorable to the following: (a) the emergency arrest was dismissed and released as the warrant of detention was released, and then again, the Defendant was tried to repeat the crime of this case; (b) the Defendants repeatedly administered phiphones; and (c) Defendant A expressed an attitude that both Defendants recognize and reflect on the instant crime; and (d) Defendant A did not have any record of punishment for the same crime, and Defendant A did not have any record of criminal punishment.
In light of the aforementioned circumstances, comprehensively taking into account the circumstances leading up to the commission of the crime, the Defendants’ age, health status, character and conduct, environment, and circumstances after the commission of the crime, etc., the lower court’s punishment is too heavy or unreasonable, and thus, the Defendants and the prosecutor’s assertions are not acceptable.
B. The lower court on the part of the Prosecutor’s assertion of mistake of facts: (a) after Defendant A prepared a self-written statement on May 8, 2019 and submitted it to the police, the lower court.