Text
The judgment below
All convictions against the Defendants are reversed.
Defendant
A Imprisonment for one year, and Defendant B.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (unfair sentencing)’s punishment (one year of imprisonment) is too unreasonable.
B. Defendant B’s misunderstanding of the facts or misapprehension of the legal doctrine) Defendant B was isolated from Defendant A, and there was a sudden conflict between the police officers in a spatial and other circumstances. However, Defendant B cannot be acknowledged as a conspiracy relation with Defendant A with regard to the crime of obstruction of duty and obstruction of performance of official duties.
B) The Defendants did not exercise the force to the extent that they could interfere with the police officer’s performance of official duties.
Although there was no concern for the Defendants to escape or destroy evidence at the time of the instant case, and there was no reason for arrest, the police officers did not inform the police officers of the U.S. and did so excessive and illegal arrest, such as leading Defendant B, etc., and leading Defendant B. The Defendants’ act was merely a passive defense against illegal arrest, and thus, it is justified as a legitimate defense or legitimate act.
C) Examining related CCTV photographs, Defendant B only mediated the dispute with other customers prior to the arrival of the police officer, and did not interfere with the affairs of the singing intermediary.
2) The sentence of the lower court that is unfair in sentencing (eight months of imprisonment) is too unreasonable.
(c)
Comprehensively taking account of the evidence relevant to the misunderstanding of facts or misapprehension of legal principles, the prosecutor (as to the Defendants), the Defendants: (a) sealed the tables without breaking them in the state of chemical shot; and (b) filled up the waste booms; and (c) filled up the waste booms.
It should be seen that the result of damage to property was caused by Defendant A’s direct act.
Even though the defendants can be admitted with a successive and secret conspiracy, the defendants' act should be viewed as an individual act, and the defendants not guilty of violation of the Punishment of Violences, etc. Act (damage to common property).