상해등
All judgment of the court below shall be reversed.
The sentence of punishment against the Defendants shall be suspended.
1. Summary of grounds for appeal;
A. As to Defendant B 1’s point of and interference with the mistake of facts, the Defendant did not assault the victim E or interfere with the work of E, such as this part of the facts charged. 2) The sentence imposed by each of the lower courts on the Defendant (the first instance court: the fine of KRW 700,00,000, and the fine of KRW 300,000,000) is too unreasonable.
B. As to the theft of mistake of facts, Defendant A1 was aware of the fact that the Defendant was using four wheelss of garbage separately collected and collected, and there was no theft of the same things as the facts charged. As to the point of joint assault and obstruction of business as to the charge of obstruction of joint assault, the Defendant only saw e in the process of resisting the victim E, and did not assault E or interfere with the business like this part of the facts charged. (2) The punishment of fine of KRW 1 million imposed by the lower court on the Defendant is excessively unreasonable.
2. Prior to the judgment on the grounds for appeal by the Defendants ex officio, the case No. 2013No1304 of this Court, which is the appeal case against the judgment of the court of first instance, and the case No. 2013No2076 of this Court, which is the appeal case against the judgment of the court of second instance, was consolidated in the pleadings. The injury crime of the judgment of the court of first instance, the violation of the Punishment of Violences, etc. (joint assault) against Defendant B of the judgment of the court of second instance, and the crime of interference with business, in the concurrent crimes under the former part of Article 37 of the Criminal Act, shall be sentenced to a single sentence within the scope of aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act. As such, the part of the judgment of the court of first instance and the judgment of the court of second instance
In addition, according to the evidence duly admitted by the court below, although the defendants interfere with the management office duties of the victim E by means of joint assault, the defendants are in any other way.