The judgment below

The part of the judgment of the court below as to the second crime by the defendant A is reversed.

Defendant

A is the judgment of the court below.

1. Summary of grounds for appeal;

A. The court below's punishment against the Defendants is too unreasonable (6 months of imprisonment with prison labor and 10 months of imprisonment with prison labor for the crimes No. 1 of the judgment of the defendants A, and 2 of the judgment of the court below).

B. The lower court’s punishment against the Defendants by the Prosecutor is too unfasible and unreasonable.

2. Determination

A. Defendant A joined the “Lmph” and committed violence to the surrounding persons in a variety of forms, and thereby repeated the same mistake despite the record of punishment or juvenile protection disposition. Defendant A not only had been in the period of suspension of execution of the same criminal conduct at the time of the instant crime but also had been in the progress of the trial of the first crime as indicated in the judgment of the court below.

However, in full view of the circumstances favorable to Defendant A, including the fact that Defendant A was aware of the crime of this case and reflects his mistake in depth, and that Defendant A agreed with the victim R, Q and the first instance trial, and other various circumstances, including the age, character and conduct, environment, motive, means and consequence of the crime, etc. of Defendant A, the punishment imposed on the second crime of this case by the lower court is somewhat unreasonable.

Therefore, Defendant A’s assertion of unfair sentencing regarding Defendant A’s second crime as stated in the lower judgment is with merit, and the Prosecutor’s assertion of unfair sentencing is without merit.

B. The sentencing of Defendant A’s sentencing on the first crime and the sentencing of Defendant B as indicated in the judgment of the lower court is based on the statutory penalty, and the discretion is reasonable and appropriate, taking into account the factors constituting the conditions for sentencing under Article 51 of the Criminal Act, based on the statutory penalty.

However, the unique area of sentencing of the first instance court, which is respected under the trial-oriented principle and the direct principle of our criminal procedure law, and the follow-up nature of the appellate court.