폭력행위등처벌에관한법률위반(공동상해)등
All the judgment of the first and second court (excluding the dismissed part of the judgment of the first instance) shall be reversed.
No. 1 of the judgment of the defendant.
1. The first instance court dismissed public prosecution as to the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) among the facts charged in the instant case, and convicted the remainder of the facts charged.
Since the prosecutor and the defendant appealed on the remaining convictions except the aforementioned dismissed part among the judgment of the court of first instance, the dismissal of prosecution among the judgment of the court of first instance became final and conclusive separately.
Therefore, the scope of the judgment of the court of first instance is limited to the guilty part of the judgment of the court of first instance.
2. Summary of grounds for appeal;
A. As to the judgment of the first instance court, the first instance court found the Defendant guilty of each violation of the Punishment of Violences, etc. Act (joint injury) solely on the basis of the statements that are inconsistent with the victims and witnesses and lack credibility, although the Defendant did not assault the victims.
The first instance court erred by misapprehending the legal principles or finding facts.
B) Each sentence (the first sentence: 8 months of imprisonment, and 6 months of imprisonment) sentenced by the first instance court to the defendant, on the ground of unfair sentencing, is too unreasonable and unfair. 2) Each sentence sentenced by the first instance court to the defendant, on the ground of unfair sentencing, is too unreasonable and unfair.
B. As to the judgment of the court below of second instance (e.g., e., e., g. 3 and 4), the sentence (e.g., 8 months in prison) imposed by the court of second instance on the defendant is too unreasonable and unfair. 2) The sentence imposed by the court of second instance on the defendant is too uneasible and unfair.
3. Determination
A. The judgment of the court of first instance and the judgment of the court of second instance on the defendant's ex officio determination are rendered individually, and the prosecutor and the defendant filed an appeal against the guilty part of the judgment of the court of first instance and the judgment of the court of second instance on the appeal jointly.