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Defendant
All appeals filed by A and the prosecutor against the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of Defendant A (two months of imprisonment and two years of suspended execution) is too heavy.
B. Defendant B, after Defendant A’s assaulted the victims, had arrived at the scene immediately after Defendant B’s assaulted the victims, and was prevented from doing that act, Defendant B may be deemed to have jointly committed an act of assault by Defendant A. Moreover, Defendant B committed an assault with Defendant A, such as threatening the victim D after the first assault was completed. Accordingly, the Defendants jointly inflicted an injury on the victims, and the lower court’s judgment that otherwise determined otherwise was erroneous in matters of law of misunderstanding of facts. 2) The sentence of the lower court against Defendant A against unreasonable sentencing is too weak.
2. Determination
A. Defendant A was the first offender against Defendant A, and all of the instant crimes were led to confession and reflect.
In addition, the fact that the victims deposited 2.5 million won for the victims is the factor of sentencing favorable to the defendant A.
However, there is no change in the circumstances such as the agreement with the victims after the judgment of the court below, and in light of the method and mode of the instant assault shown in the video of the closed-circuit screen (CCTV and Closed Cirit Tair), the illegality or possibility of criticism of the instant crime is a factor that is disadvantageous to the Defendant A.
In addition, considering the overall sentencing factors prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, the sentence of the court below is appropriate.
Defendant
The argument of A and the prosecutor in this part is without merit.
B. Regarding the prosecutor’s assertion of mistake of facts, 1) The Punishment of Violences, etc. Act (hereinafter “Exposure Act”) is applicable.
"When two or more persons jointly commit the crime of injury or assault" in Paragraph 2 of Article 2 requires that there exists a so-called co-offender relationship between them, and it is the case where several persons are aware of another person's crime in the same opportunity at the same place and used it.