The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment with prison labor for eight months, and for six months, Defendant C.

The summary of the grounds for appeal (the Defendants) is unreasonable because each punishment (the imprisonment of Defendant A: 8 months and the imprisonment of Defendant C: 6 months) that the court below made against the Defendants is too unreasonable.

The crime of this case in which the defendants jointly inflicted injury on the victim with intellectual disability, which is disadvantageous to the defendant, such as the fact that the responsibility for the crime is grave.

However, in full view of all the criminal acts in this case committed by the Defendants, the fact that the Defendants are both aware of and divided into the crimes in this case, the fact that the court below agreed with the victim's father, who is a limited guardian, and other factors of sentencing as shown in the records and arguments, such as the age, sex, environment, motive and circumstance of the crimes, means and consequence of the crimes, etc., the punishment imposed by the court below is too unreasonable, and thus, the defendants' above argument of the punishment is justified.

Therefore, the part of the judgment of the court below against the Defendants is reversed in accordance with Article 364 (6) of the Criminal Procedure Act as the appeal by the Defendants is reasonable, and the following is again decided after pleading.

[Grounds for a new judgment] The facts constituting an offense and summary of evidence recognized by the court and the summary of evidence are as stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act (elective of imprisonment) concerning the crime;

1. Defendants on probation: Article 62(1) of the Criminal Act;