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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for not more than ten months.
except that this judgment.
Reasons
1. In light of the overall circumstances of this case, the sentence imposed by the court below on the Defendants (Defendant B: 10 months of imprisonment, Defendant C: 10 months of imprisonment and additional collection) is too unreasonable.
2. Determination
A. In light of the background of each of the crimes in this case and the method of the acceptance of the crimes in this case, there are unfavorable circumstances such as the poor quality of the crimes and the liability of the defendant for the crimes in this case, and the defendant committed each of the crimes in this case even though he had been punished several times due to the violation of the Punishment of Violences, etc. Act (two times the suspended sentence among them), but the defendant again committed each of the crimes in this case. However, when the defendant was in a trial, the victim does not want the punishment for the defendant, the victims do not want the punishment by mutual consent with the victims, the social relationship between the defendant is relatively clear and the defendant does not want the punishment for the defendant, and all of the sentencing conditions such as the defendant's age, character and behavior, environment, and circumstances after the crime, etc., the defendant's punishment imposed by the court below is somewhat unreasonable. Thus, the defendant's assertion is justified.
B. Although there are extenuating circumstances, such as the fact that the defendant against the defendant C was committed against his mistake and did not repeat the crime, the defendant again commits each of the crimes of this case even though he had the past record of punishment due to the violation of the Act on the Control of Narcotics, Etc. (one of the suspended sentence). The sentence imposed by the court below is more minor than the recommended type (trade mediation, etc., type 2, basic area, year to two years), and all other sentencing conditions, including the defendant's age, character and conduct, environment, and circumstances after the crime, etc., the sentence imposed by the court below is unreasonable.