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All the judgment below is reversed.
Defendant
A shall be punished by a fine of one million won, and the defendant B shall be punished by a fine of one million won.
Reasons
1. Summary of grounds for appeal;
A. According to the evidence submitted by the prosecutor of mistake of facts, since Defendant B recognized the victim E’s face once without any reasonable doubt, the judgment of the court below acquitted Defendant B on this part of the reasons, is erroneous in the misapprehension of facts.
B. The lower court’s sentence of unreasonable sentencing (Defendant A: a fine of KRW 1 million, Defendant B: a fine of KRW 700,000) is too unjustifiable and unreasonable.
2. The following circumstances acknowledged by evidence duly adopted and examined by the court below and the court below, such as the witness E’s statement in the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the facts charged: ① The victim E has a drinking face from the defendant B as shown in the facts charged in this case, and he has first made the statement that he was at the time of the defendant B; in light of the attitude of the statement, it is sufficiently reliable; there is no possibility that the victim E would have been aware of others in light of the circumstance of the assault; ② The victim E does not have a clear explanation immediately after the victim’s assault appearing in the evidence record, and the police examination of the victim E does not clearly state what kind of assault was the victim E, but as long as the victim’s oral statement of the trial of the court of the trial of the court of the trial of the trial of the defendant E can be reliable, such circumstance does not interfere with the prosecutor’s recognition of the facts charged, and there is room for the judgment of the court below not guilty.
3. If so, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing.