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Defendant
A Of the judgment of the first instance and the judgment of the second instance, the guilty part against A shall be reversed.
Defendant
A shall be punished by a fine of two million won.
Reasons
1. The 2nd judgment of the appellate court against Defendant A rendered a judgment of innocence as to Defendant A’s assault among the facts charged against Defendant A, and rendered a judgment of conviction as to the remainder of the facts charged, and filed an appeal as to Defendant A’s guilty portion.
Therefore, since the part of the judgment of the court of second instance which was not acquitted by the prosecutor is finalized as it is, the object of the judgment of this court against the defendant A is limited to the conviction part of the judgment of the court of first and second.
2. Summary of reasons for appeal;
A. Defendant A1) Fact-finding ① As to the damage of property among the judgment of the court of first instance, the Defendant did not have any fact of throwing the victim H’s mobile phone.
② As to the injury in the judgment of the court below of the second instance, the defendant exceeded himself/herself from R and went back to the waiting room behind him/her, and did not commit an injury by assaulting the victim as stated in the facts charged.
2) The punishment sentenced by the lower court (No. 1: fine of 2 million won, and fine of 700,000 won: fine of 2:00 won) is too unreasonable.
B. On the other hand, the Defendants stated that the prosecutor (Defendant B and C) consistently stated that the Defendants did not assault Defendant B, while the Defendants first made a statement contrary to CCTV videos, and whether the CCTV videos were Defendant B’s sold because they were not good in quality, cannot be confirmed as to whether or not the Defendant B’s sold, and even according to CCTV videos, H’s discovery was not confirmed as to Defendant B’s distribution or He was in contact with the buckbucks. In full view of the fact that the Defendants reported false facts, and it is sufficiently recognized that the Defendants did not resist H.
3. Determination
A. Part 1 on Defendant A is examined ex officio prior to the judgment on the grounds for ex officio appeal.
The first and second judgment against the defendant was pronounced, and the defendant filed an appeal against the guilty part of the first and second judgment, respectively, and this part of the judgment of the court of first and second instances.