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All of the appeals by prosecutors are dismissed.
Reasons
1. Even though the degree of injury suffered by the victim of the summary of the grounds for appeal is serious, considering the fact that the Defendants lack the intent to reflect seriously, such as the Defendants’ transfer of responsibility to each other, the lower court’s respective punishment (the suspended sentence of KRW 2.5 million) is unreasonable because it is too uneasible.
2. We examine the judgment on the grounds of appeal, and the above circumstances alleged by the prosecutor are deemed to have been sufficiently considered in the court below’s determination of the punishment at the court below. Moreover, considering the following factors: (a) the Defendants were committed at the time of the instant crime; (b) the Defendants did not have any criminal power at all or have no record of being punished for the same kind of crime; and (c) the Defendants reflect in depth the mistake; and (d) the victims were not punished against the Defendants by unanimous agreement with the victims, etc., the sentencing of the court below does not seem to have exceeded the reasonable scope of discretion because the sentencing of the court below is too uneasible.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.