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Defendant
B The appeal filed by the Prosecutor and the appeal filed by the Prosecutor are all dismissed.
Reasons
1. Summary of grounds for appeal;
A. Each sentence (Defendant A: a fine of 2.5 million won, Defendant B: a fine of 6 million won) imposed by the lower court on the Defendants is too uneased and unreasonable.
B. The above sentence that the court below committed against Defendant B is too unreasonable.
2. We also examine the arguments of Defendant B and the Prosecutor.
The Defendants have no record of criminal punishment in the Republic of Korea, and the victims do not want the punishment of the Defendants by mutual agreement with victims G and H at the investigation stage.
However, the extent of violence committed by the Defendants to the victim G is relatively more severe, and the degree of injury suffered by the said victim seems to be considerable; the Defendants’ act of violence to the said victim without any particular reason; Defendant B’s act of assault committed against the said victim; Defendant B’s face, without being confined to the crime committed against the victim G, was inflicted an injury on the said victim; and the crime is not good, such as taking away the cell phone of the victim G mobile phone to report the instant crime, and escape, etc.
In full view of all the above circumstances, considering the sentencing conditions, including the Defendants’ age, sex, environment, and family relation, it is difficult to see that the lower court’s sentence imposed on Defendant A is too uneasible, and it cannot be deemed that the sentence imposed on Defendant B is too heavy or unreasonable.
3. In conclusion, the appeal filed by Defendant B and the appeal filed by the prosecutor against the Defendants 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 (Provided, That pursuant to Article 25(1) of the Rules on Criminal Procedure, ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, Article 70(1) and (3) of the Criminal Act applicable to the judgment below’s 8 conduct and 9 conduct.