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Defendant
All appeals filed by A, C and Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A and C’s punishment (eight months of imprisonment) of the lower court is too unreasonable.
B. The Prosecutor’s sentence (as above, Defendant A, Defendant B: a fine of KRW 2 million) is too unhued and unreasonable.
2. Determination
A. Defendant A and C, along with the circumstances properly explained by the court below in the reasons for sentencing, take into account the sentencing conditions specified in the instant pleadings, such as the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.; Defendant A was punished for the same kind of crime in the past; Defendant C is a crime during the period of probation; Defendant C is a crime during the period of repeated crime; the victims’ injury was serious; provided, the Defendants recognized the instant crime and were in depth divided; provided, that the Defendants agreed with victims and the lower court did not change the sentencing conditions in the trial compared to the lower court, it cannot be deemed that the lower court’s punishment is too heavy or unreasonable. Therefore, the aforementioned arguments against the Defendants and the Defendants are without merit.
B. In light of the circumstances properly explained by the court below in the reasons for sentencing, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the Defendant agreed with the victims, the Defendant did not focus on the Defendant’s assault, and there is no particular change in sentencing conditions in the trial compared with the court below, it is difficult for the court below to find that the Defendant’s sentence imposed by the court below is too unreasonable. Thus, the prosecutor’s assertion against the Defendant is without merit.
3. In conclusion, since each appeal by Defendant A, C, and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.