The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and imprisonment with prison labor for a period of eight months.

, however, the defendant.

1. The decision of the court below (one and half years of imprisonment with labor for Defendant A, and one year of imprisonment with labor for Defendant B) is too unreasonable.

2. Determination factors are disadvantageous sentencing factors, such as the Defendants’ joint use of violence to inflict an injury of eight (8) caution on the victim, the Defendants’ previous records of violence, and Defendant B again committed the instant crime during the period of repeated crime.

However, in light of the fact that the Defendants recognized and reflected the crime, and the crime of this case appears to be an contingent crime of laver rather than an organized and planned crime among the violence assistance staff members, and the Defendants agreed with the victims, and the victims wanted to have the Defendants’ preference, and other various sentencing conditions, such as the Defendants’ age, sex, environment, criminal records, motive, motive, method of crime, degree of damage, and circumstances after the crime, the lower court’s punishment against the Defendants is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the description of each corresponding column of the judgment below, and thus, they are quoted as it is 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 concerning the facts constituting an offense, and Article 2 of the same Act concerning the selection of punishment, Article 257 (1) of the Criminal Act, and selection of imprisonment);

1. Article 35 of the Criminal Act (Defendant B) Aggravation of repeated crimes;

1. Article 62 (1) of the Criminal Act (Defendant A) of the suspended execution;

1. Protective observation and community service order (Defendant A) Article 62-2 of the Criminal Act;