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The judgment below
Part of the defendant B, A, C, E, and F shall be reversed.
Defendant
B Imprisonment for four years, Defendant A.
Reasons
1. The lower court found Defendant A guilty of violating the Punishment of Violences, etc. Act (a group deadly weapon, etc.) among the facts charged in the instant case, and found Defendant A not guilty of the charge of aiding and abetting a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.).
On the other hand, Defendant A appealed on the guilty portion for the reason that the sentencing was unfair, and the prosecutor did not assert the grounds for appeal as to the acquittal portion for the reason of appeal and without asserting the grounds for appeal as to the acquittal portion for the reason of appeal. Accordingly, the acquittal portion may be transferred to the trial in accordance with the indivisible principle of appeal, but the defendant A has already been exempted from the object of attack and defense between the parties, in fact, from the object of attack and defense.
Therefore, the judgment of the court below is to be followed with the conclusion of the judgment of the court below, and it does not separately decide on the non-guilty portion of the reasons (in the trial of the court, the prosecutor applied for changes to the name of the defendant A (a group, deadly weapon, etc.) and the applicable legal provisions of the Act on the Punishment of Violences, etc. (a crime of inflicting bodily injury) and the special injury, but the facts charged are the same, and the prosecutor does not regard the non-guilty portion as not claiming the grounds for appeal, and thus, it does not seem to be the purport of asserting the establishment of a new special injury to the defendant A. Thus, the judgment of innocence as to the non-guilty part of the judgment of the court below on the non-guilty part of the judgment of the court below is valid. Ultimately, the scope of the judgment of the court below for
2. Summary of grounds for appeal;
A. Each sentence of the lower court against Defendants B, A, E, and F (Defendant B: imprisonment of four years, confiscation, additional collection, and Defendant A; imprisonment of one year; imprisonment of two years; imprisonment of two years; imprisonment of two years; imprisonment of two years; imprisonment of two years; imprisonment of two years; imprisonment of two years; Defendant F; imprisonment of ten years; imprisonment of two years; and community service order of 120 hours).