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All prosecutor's appeal against the Defendants is dismissed.
Reasons
1. The summary of the grounds for appeal (a fine of three million won is imposed on Defendant A, and a fine of four million won is imposed on Defendant B) declared by the court below is too unhued and unreasonable.
2. Of the facts charged in this case, the crime of joint injury portion among the facts charged of this case refers to the injury on the part of the victim where the defendant jointly committed an injury to the victim, such as the flapsing the face of the victim who was sent to the accident site by the defendant A after causing a traffic accident, and the defendant B, who was aware of the flapsing of the victim's face by drinking, and the flapsing of the flab, etc., was jointly committed by the above victim by the defendants, such as the flapsing of the flab, etc.
In addition, at the time of the above crime, Defendant B committed an act of assaulting a police officer by assaulting the police officer, such as taking a bath against the police officer G who was dispatched after receiving a report of the above traffic accident, and taking the victim’s face at a time of drinking, and thereby obstructing the lawful performance of duties, and the punishment of the unlawful act is more severe.
In addition, Defendant A inflicted an injury on the victim on the ground that the victim D merely said that the victim “d drinking alcohol,” and it is difficult to view that the risk of recidivism is low, such as having been punished four times as a fine for the same criminal record before the crime of this case was committed.
Defendant
B In view of the fact that Defendant A participated in and jointly used to commit the crime against the victim D, and subsequently, the victim E individually commits each injury, and assaulted the police officer dispatched after receiving a report, the Defendants need to be punished strictly.
However, the Defendants appeared to have committed the instant crime from the investigative agency to have a full view of recognizing the Defendants’ mistake.
In addition, under the influence of the defendant A, the victim D.