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Defendant
D All appeals against the Defendants by the prosecutor and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Prosecutor 1) In regard to Defendant D’s special injury, Defendant D’s credibility is recognized in full view of the following facts: (a) the victimJ made a statement within five months after the victimJ suffered injury due to the strict deceptive order of the G organization, fear of retaliation, etc.; and (b) Defendant D made it difficult for the victimJ to find out the motive for Defendant D to make a false statement.
Nevertheless, the judgment of the court below that acquitted Defendant D of this part of the facts charged is erroneous.
B) In light of the consistent statement made by the victimJ with respect to Defendant E’s special injury, photographs of injury corresponding thereto, and reports made by 112, it is recognized that Defendant E inflicted special injury on the victimJ as stated in this part of the facts charged. Nevertheless, the judgment of the court below which acquitted Defendant E of this part of the facts charged against Defendant E is erroneous in the misapprehension of facts. 2) The sentence (10 months of imprisonment, 2 years of suspended execution, 2 years of probation, 120 hours of probation, 120 hours of community service order, Defendant D: six months of imprisonment, 2 years of suspended execution, probation, 80 hours of probation, 4 months of imprisonment, 1 year of suspended execution, 40 hours of probation, and 40 hours of probation) that the court below acquitted Defendant E of this part of the facts charged.
B. Defendant D1) misunderstanding of facts (influence of injury) and Defendant D did not instruct theJ to have the victim T take a hand over the victim T. However, the court below found the Defendant guilty of this part of the facts charged and erred by misapprehending the facts, thereby affecting the conclusion of the judgment. 2) The sentence of unfair sentencing sentenced by the court below is too unreasonable.
2. Determination
A. 1 Applicable legal principles on prosecutor’s assertion of mistake of facts.