The judgment below

Among them, the remainder of the dismissal of prosecution against Defendant A, and the part against Defendant B, excluding the dismissal of prosecution against Defendant A.

1. The lower court found each of the facts charged against Defendant B and the facts charged against Defendant A guilty, and sentenced the Defendants to a fine of KRW 3 million, and dismissed the prosecution against the assault among the facts charged against Defendant A.

As to the judgment of the court below, the defendants appealed each of the convictions on the grounds of unfair sentencing, and the prosecutor did not appeal.

Therefore, the dismissal part of the judgment of the court below in this case is separated from the prosecutor's appeal, and thus, it is limited to the conviction part of the judgment below.

2. Summary of grounds for appeal;

A. The Defendants had a mental disorder under the influence of alcohol at the time of each of the instant crimes.

B. The lower court’s respective sentence (a fine of three million won per each of the Defendants) imposed on the Defendants is too unreasonable.

3. Determination

A. The judgment of the court below as to the assertion of mental disorder can be recognized by the evidence duly adopted and investigated by the court below, and the defendants specifically memoryed the criminal conduct on the day of the crime in this case and the details and mode of the crime in this case. In light of the process, method and method of each of the crimes in this case, the defendants' behavior before and after the crime in this case, etc., it cannot be seen that the defendants lost or weak ability to distinguish things or make decisions at the time of the crime in this case. Thus, the defendants' assertion in this part is rejected.

B. Defendant A had the record of four times of punishment (one time of suspension of execution, three times of fines) for violent crimes; Defendant B had the record of 17 times of punishment for violent crimes (one time of imprisonment, two times of suspension of execution, and 14 times of fine). The Defendants committed the instant crime.