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The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 1.5 million.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that each sentence (a fine of KRW 7 million is imposed on the Defendants, and a fine of KRW 2 million is imposed on Defendant B) imposed by the lower court on the Defendants.
2. In light of the means and degree of the Defendants’ act of interfering with their duties, the nature of the crime is not easy. Defendant A not only has the past history of criminal punishment, but also has the execution of imprisonment with prison labor, and the court has performed the instant crime with the completion of its compliance with the prohibition of alcohol consumption during the period of repeated crime, and Defendant B has the record of being punished by a fine for an act of violence.
However, in light of the circumstances favorable to the Defendants, such as the occurrence of the drinking value test between the Defendants and the victims, there are circumstances that may be considered in the background of the occurrence, the victim did not want the punishment of the Defendants by mutual agreement with the victim, the degree of relatively small participation, and the Defendant B has no record of criminal punishment exceeding the fine, etc., and other various sentencing conditions as well as the records and changes theory, such as the Defendants’ age, sex, sex, environment, family relationship, family environment, the circumstances after the crime, and the circumstances after the crime, etc., it is deemed unfair because each sentence imposed by the lower court is too unreasonable.
Therefore, the above assertion by the Defendants is with merit.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, since all appeals by the defendants are well-grounded, and the judgment below is reversed, and the following is ruled through a new theory of change.
[Re-written judgment] The summary of facts constituting an offense and evidence against the Defendants recognized by this court and the summary of the evidence is the same as the stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.