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The judgment of the court below is reversed.
Defendant
A A shall be punished by a fine of two million won, by imprisonment with prison labor of ten months for each of the defendants B.
Defendant .
Reasons
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (Defendant A: 6 months of imprisonment, 1 year of suspended sentence, 1 year of imprisonment and 2 years of suspended sentence) is too unreasonable.
2. Determination
A. Defendant A, first of all, provided Defendant A with flabbbage and flabbbbage of this case, and the degree of injury of Defendant B was not provided against the disadvantage.
However, considering the fact that Defendant A is in profoundly against the instant crime, the first instance court’s punishment is too excessive and unfair, taking into account the following circumstances: (a) the Defendant A has reached a full agreement with Defendant B, which led to a contingent crime; (b) there was no particular criminal conviction other than the fine of the first type; (c) the injury inflicted on Defendant B appears to have contributed to a certain degree; and (d) other circumstances, such as Defendant A’s age, environment, family relationship, circumstances leading to the instant crime, and circumstances before and after the instant crime, etc., which are the conditions for sentencing indicated in the record.
B. The crime of this case committed by Defendant B was committed by Defendant A, who suffered serious injury, such as the depression of two dubs, and is expected to be bequeathed, and even if Defendant B had been punished several times due to a violent crime, the fact that Defendant B went to the crime of this case is disadvantageous.
However, in full view of the following: (a) Defendant B is closely against the instant crime; (b) deposited KRW 2.3 million for Defendant A at the original trial; and (c) agreed with Defendant A in the first instance trial; and (c) Defendant A initially participated in the trial expenses; and (d) other circumstances that form the conditions for sentencing on the records, such as Defendant B’s age, environment, family relationship; (b) background leading up to the instant crime; and (c) circumstances before and after the instant crime, etc., the lower court’s punishment seems to be unreasonable by excessively unreasonable.
3. In conclusion, the defendants' appeal is reasonable, and Article 364 of the Criminal Procedure Act is applicable.