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The judgment below
Of them, the part against Defendant C shall be reversed.
Defendant
C A person shall be punished by imprisonment for not less than eight months.
Defendant
A, B-.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (for Defendants: 8 months of imprisonment and the confiscation of Defendants A) against the Defendants is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio (as to Defendant C), the Prosecutor added “Article 37 of the Criminal Act: Provided, That Article 39(1) of the Criminal Act” to “Article 39(1) of the Criminal Act,” and the part of the criminal facts [the criminal records] part of the judgment of the court below (“Defendant C was sentenced to a suspended sentence of two years and six months for special injury at the Jeonju District Court on June 23, 2016 and is still pending in the appellate trial after it appealed for a suspended sentence of four years for a period of imprisonment with prison labor at the Jeonju District Court on June 23, 2016, and was sentenced to one year and six months for special injury at the Jeonju District Court on October 24, 2016, and was sentenced to a final and conclusive judgment on December 5, 2016,” and the judgment of the court below was modified by granting permission, and thus, no longer can be maintained.
3. Determination of the unfair assertion of sentencing (as to Defendant A and B), it is recognized that the victims do not want the punishment of the Defendants in agreement with the victims, and that all the facts charged have been recognized once in the first instance, that there is family members to support the Defendants, and that the degree of the Defendants’ participation is relatively heavy.
However, in light of the degree of injury, etc., the crime of this case was committed by the Defendants by carrying dangerous articles with Defendant C with them, and there was a significant nature of the crime, the Defendants were punished for the violation of the Punishment of Violences, etc. Act (the organization and activities of organizations, etc.). The Defendants are highly likely to be subject to criticism during the suspended execution period, and other factors of sentencing as indicated in the records and theories of this case, such as the Defendants’ age, sexual conduct, environment, and developments and motive leading to the crime of this case, are considered.