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The judgment below
The guilty portion shall be reversed.
Defendant
A. Imprisonment of one year and six months, and Defendant B’s imprisonment of eight months, respectively.
Reasons
1. Summary of grounds for appeal;
A. In full view of the facts charged in violation of the Punishment of Violences, etc. Act (joint conflict), robbery, injury by robbery, and Punishment of Violences, etc. against the Defendants, the lower court found the Defendants guilty on each of the above facts charged, taking into account the following factors: (a) the victim was detained by assault or intimidation of the Defendants; (b) the victim was charged with most living expenses (the violation of the Punishment of Violence, etc. Act (joint conflict) with the Defendants; (c) the victim continuously demanded the victim to change the unpaid payment of cell phone; and (d) the victim’s father to contact the victim with his/her father to receive money; (c) the Defendants were moving back to the victim’s house after completely suppressing the victim’s intention; and (c) the Defendants were subject to the victim’s care (the violation of the Punishment of Violences, etc. Act (joint confinement). Thus, the lower court erred by misapprehending the facts.
B. The lower court’s sentence of unreasonable sentencing is too uneasible and unreasonable.
2. Determination
A. 1) The lower court’s determination on the assertion of misunderstanding of facts is in violation of the Punishment of Violences, etc. Act (A). The lower court: (i) the statement of the victim and the J is inconsistent; (ii) it is difficult to deem that the Defendants were aware of the fact that the victim met the conditions; (iii) it is difficult to deem that Defendant A did not continuously assault the victim; and (iv) it is difficult to deem that the victim continued to deliver money and valuables for about four months, fright to assault the victim’s assault; and (iii) according to the victim’s statement related to the process of delivering money and valuables, the victim’s voluntary living expenses or entertainment expenses are part of the victim’s entertainment expenses.