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The judgment below
All parts of the defendant A, B, C, and E shall be reversed.
Defendant
A, Defendant, and Defendant, respectively, shall be punished by imprisonment of three and four years.
Reasons
Summary of Grounds for Appeal
Defendant
A The defendant A was drunk at the time of the crime of this case and was in a state of mental disability.
The sentencing of the court below's decision on unfair sentencing (three years and six months of imprisonment) is too unreasonable.
Defendant
B misunderstanding of facts does not take part in the instant crime as a member of the “LP,” a criminal organization, and the victim M merely incurred “3 cm through 5 cm” on each side of the instant crimes, and did not receive “injury cut to the degree of 3 cm through 5 cm” as stated in the facts charged.
The sentence of unfair sentencing (three years of imprisonment) by the court below is too unreasonable.
Defendant
C misunderstanding of facts by Defendant C was accompanied by Defendant A, B, etc. at the request of the victim M to the front of the 303-dong 703-dong 703 (hereinafter “instant crime place”), the residence of the victim M, and there was no conspiracy to commit the instant crime or any sharing of the commission of the instant crime.
The sentence of unfair sentencing (one year and six months of imprisonment) by the court below is too unreasonable.
Defendant
E misunderstanding of facts by Defendant E was accompanied by contact with Defendant A, B, and C, who is a ship, to the front of the victim M, which is a place of crime, and there was no conspiracy to commit this part of the crime.
Even if Defendant E is acknowledged as a case of continuous and implicit conspiracy with Defendant E, Defendant E did not have a functional control by means of responding to the situation in preparation for the occurrence of injury to the victim M, and thus, Defendant E took part in the crime of aiding and abetting rather than a co-principal, on the ground that Defendant A and B did not have a functional control over the way of responding to the occurrence of injury to the victim M, etc.
The sentence of unfair sentencing (three years of imprisonment) by the court below is too unreasonable.
The prosecutor shall make the mistake of facts (as to the acquittal of the defendant A, B, C, and E).