beta
Text
The judgment below
The part against Defendant A, C, and D among them shall be reversed.
Defendant
A. A. 300,000 won, Defendant D.
Reasons
1. Summary of grounds for appeal;
A. Defendant B (in fact-finding, misunderstanding of the legal principles, and unreasonable sentencing) did not assault the victims on the site of the case with Defendant D, but did not do so. Even if not, it constitutes a legitimate act or self-help under the Criminal Act.
In addition, the sentence of the court below (the fine of 300,000 won) is too unreasonable.
B. The sentence against the Defendants A, C, and D (Joint Undue Practices) by the lower court (the fine of KRW 500,000 for Defendant A, the fine of KRW 300,000 for Defendant C, and the fine of KRW 1 million for Defendant D) is too unreasonable.
2. Determination
A. As to Defendant B’s assertion of misunderstanding of facts and misapprehension of legal principles, the lower court acknowledged the Defendant’s assault based on the evidence duly adopted and investigated, such as the victim A, C, and G’s testimony specific and reliable in the court of the victim A, and G, and the victim’s medical examination report and each victim’s medical examination report, and determined that the Defendant’s act does not constitute a justifiable act or self-help under the Criminal Act on the grounds as stated in its reasoning. Examining the lower judgment in comparison with records, the lower court’s judgment is justifiable, and therefore, the Defendant’s assertion of misunderstanding of facts and misapprehension of legal principles is without merit. (2) The Defendant’s assertion of unfair sentencing is justifiable, and the Defendant’s assertion of misunderstanding of facts and misapprehension of legal principles is favorable to the Defendant, and on the contrary,
In addition, comprehensively taking into account the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s sentence is not deemed to be unreasonable beyond the reasonable scope of discretion.
Therefore, the defendant's assertion of unfair sentencing is without merit.
B. The Defendants committed an offense against Defendant A, C, and D’s assertion of unfair sentencing.