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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for one year.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. Defendant A(1) has attempted to misunderstanding of facts) The defect in the conversation was the victim’s request to the effect that: (a) the Defendant made an investigation into whether the victim had a natural seat in the Defendant’s forest and field; and (b) made no notification of harm and injury to the victim, such as the facts charged.
B) The Defendant did not request K or any of its members to make a transcript of a record of slandering the victim M and T on the J-Gun website. 2) The lower court’s sentence of unfair sentencing (one and half years of imprisonment, three years of suspended execution, three years of social service, and one hundred and twenty hours of imprisonment) is too unreasonable.
B. Defendant B (Defendant B1) A was under the influence of alcohol at the time of inflicting an injury on a victim AP, and Defendant B was in the state of defectiveness or mental disability. (2) The lower court’s sentence of unfair sentencing (one year and six months of imprisonment) is too unreasonable.
C. The lower court’s sentence against Defendant A of the Prosecutor is too unhued and unreasonable.
2. Determination
A. As to Defendant A’s assertion of misunderstanding of facts, intimidation refers to a threat of harm and injury that is likely to be hot enough to restrict the freedom of decision-making or interfere with the freedom of decision-making. If it is sufficient that the threat of harm and injury does not necessarily require the method of specification but causes the other party to be aware that it would cause harm and injury. Even if it is used as a legitimate means of realizing a legitimate right, if the means and method of realizing the right exceed the permissible level and scope permitted by social norms, it shall be deemed that the implementation of the crime of public conflict was commenced. Whether an act in this context exceeds the permissible level and scope by social norms.