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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 lower court’s punishment against Defendant A (one year and two months of imprisonment) is too unreasonable.
B. The lower court’s respective sentences (Defendant A: imprisonment of one year and two months, Defendant B: imprisonment of six months, suspended execution of two years, and community service order of 80 hours) against the Defendants by the public prosecutor are too uneasible and unreasonable.
2. Determination
A. In light of the circumstances favorable to the Defendant and the prosecutor’s argument about Defendant A, etc., the Defendant committed again the instant crime during the period of probation even though he/she had been subject to punishment several times for the same kind of crime, and other various sentencing conditions stipulated under Article 51 of the Criminal Act, such as the Defendant’s environment, motive, means, and consequence of the crime, the circumstance before and after the crime, etc., the lower court’s punishment is deemed to be too heavy or uneasible and unfair, and thus, the Defendant and the prosecutor’s improper assertion of sentencing is without merit.
B. The fact that the Defendant did not agree with the victim regarding the Prosecutor’s assertion on Defendant B is disadvantageous to the Defendant.
However, in full view of the following factors: (a) the Defendant reflects his mistake; (b) the Defendant has no record of committing an offense exceeding the same kind or fine; and (c) the Defendant’s age, sex, environment, motive, means and consequence of an offense; and (d) various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances before and after the commission of the offense, the lower court’s sentence against the Defendant is too uneasible and thus, is deemed unfair
3. In conclusion, since all appeals against the defendants A and prosecutor are without merit, all appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.