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Of the judgment of the court below of first instance, the conviction part against Defendant B and the conviction part of the judgment of the court of second instance shall be reversed.
Defendant .
Reasons
Summary of Grounds for Appeal
A. Defendant B’s imprisonment (one year of imprisonment) sentenced by the lower court to Defendant B is too unreasonable.
B. The Prosecutor’s first instance court’s sentence (Defendant B: a fine of KRW 7 million, Defendant C: a fine of KRW 5 million) declared by the Defendants is too uneased and unreasonable.
Judgment
A. Prior to the judgment of ex officio as to the grounds for appeal by the defendant B and the prosecutor, prior to the judgment of the court of first instance, the prosecutor filed an appeal against the judgment of the court of first instance, and the defendant B filed an appeal against the conviction from the judgment of the court of second instance, and the court of first instance decided to hold concurrent hearings of the above appeals. Since the facts constituting the above judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court of first instance and the conviction from the judgment of the court of second instance cannot be maintained any more.
B. The prosecutor’s decision on the prosecutor’s assertion of unfair sentencing (the part on Defendant C of the judgment of the court of first instance) (the part on Defendant C of the judgment of the court of first instance), Defendant C jointly abused the victim F on the grounds of minor negligence, thereby causing the victim to suffer minor injury to a
Defendant
C has committed a crime without being able to do so even during the period of repeated crime.
There are approximately 10 criminal records, including those sentenced to criminal punishment for the same crime.
However, the co-injury crime occurred in the process of covering one another.
At the investigation stage, the joint injury victim F and the victim do not want the punishment of the defendant C by mutual consent.
In addition, in full view of the various conditions of sentencing including Defendant C’s age, health status, environment, family relationship, circumstances after the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that may change the sentencing of the court below after the judgment of the court below, the sentence imposed by the court below to Defendant C is too low beyond the scope of reasonable discretion.