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Defendant
All of the appeal filed by A and the appeal filed by the Prosecutor against Defendant B shall be dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A’s punishment sentenced by the lower court to Defendant A [3 months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint conflict) on July 23, 201 and a crime of violation of the Punishment of Violences, etc. Act (joint conflict) on August 17, 2014] is too unreasonable.
B. Prosecutor - Defendant B: (a) misunderstanding of the facts or misunderstanding of the legal principles on September 2014, 2014; (b) reporting the driving of drinking alcohol to a non-victim.
In full view of the Defendant and D’s confession statement at each police station of the Defendant and D to the effect that he received KRW 300,000 by intimidation, and the statements from Q, R, and S each of the aforementioned purport, the Defendant could be found to have committed a crime of attacking the victim under his name in collaboration with D around September 2014. However, the lower court acquitted the Defendant of this part of the facts charged, in so determining, erred by misapprehending the legal doctrine or misapprehending the legal doctrine.
2) The punishment sentenced by the lower court to Defendant B (2.5 million won in penalty) is too unhued and unfair.
2. Defendant A’s determination on Defendant A’s appeal recognized all of the instant crimes; the individual damage amount of the instant crimes is relatively small; the Defendant’s joint attacked crimes on July 23, 201 and the instant fraud crimes on July 26, 201 should take into account the equity with the case where the judgment was rendered on July 26, 2012; and the Defendant’s health is somewhat inappropriate.
However, even though Defendant A had a record of criminal punishment on several occasions, he/she had a minor during drinking alcohol, even though he/she had a record of committing a fraudulent act under the water law, which does not pay the drinking value of the previous main points, including three times of punishment.
As a result of the police reporting, the law of the crime is being interviewed by threatening the main operator to commit each of the crimes in this case.