The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable since the sentence imposed by the lower court on the Defendant (three years of imprisonment with prison labor for one year and six months) is too heavy, and the original judgment ( Daejeon District Court 2018Sang4262) is substantially disadvantageous compared to the original judgment.

2. Determination

A. The fact that the Defendant, who is a dangerous object, assaults multiple victims using the camping net, is very serious to the extent of the assault, and the fact that the crime similar to the short term is repeated is disadvantageous to the Defendant.

However, the fact that the defendant is against the defendant, that there is an agreement with the victims, and that it is necessary to consider the balance with the case that the judgment has been rendered simultaneously with the case that has become final and conclusive.

In full view of the aforementioned circumstances and other factors, including the motive, means, and consequence of the crime, and the circumstances after the crime, etc., the sentencing of the lower court cannot be deemed to have exceeded the reasonable scope of discretion because the sentencing of the lower court is too unreasonable.

B. Meanwhile, the Criminal Procedure Act only permits so-called re-deliberation which is beneficial to the defendant by providing that a request for re-adjudication may be made for the benefit of the person who has been rendered a final judgment of conviction and the final judgment of dismissing an appeal or final appeal for the benefit of the defendant (Articles 420 and 421(1)). In light of the principle of re-examination of benefits, Article 439 of the Criminal Procedure Act provides that “no more severe punishment than that of the original judgment shall be pronounced” (Article 439 of the Criminal Procedure Act), which simply refers to the principle that no sentence heavier than the original judgment cannot be pronounced, and the purport of the Criminal Procedure Act is that re-examination shall be conducted to the extent

However, the new trial procedure is not a subsequent procedure of the previous litigation procedure examining the propriety of the original judgment, but a new trial is conducted in its entirety from the beginning.