Text
All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A misunderstanding the facts as stated in the judgment below, Defendant A did not inflict any injury on the victim B as stated in the facts charged in the judgment below, and even if not, it was not so.
Even if the victim B did an act of damaging the electronic escape of the house in which he resides and thereby prevented the victim from escaping from the site, the judgment of the court below convicting him of this constitutes a justifiable act, and there is an error of law by misunderstanding the facts, which affected the conclusion of the judgment.
2) The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.
B. Defendant B’s misunderstanding of the facts is erroneous in the misapprehension of facts and the judgment of the court below that found Defendant B guilty on the ground that Defendant B only replaced the electronic fishing village installed prior to the towing and did not destroy it by replacing the electronic fishing village installed by the victim F.
2) The punishment sentenced by the lower court (an amount of KRW 1.5 million) is too unreasonable.
2. Determination
A. The following circumstances acknowledged by the lower court’s judgment as to the Defendant A’s assertion of mistake of fact are: (i) Defendant A made a statement at an investigative agency to the effect that he/she gets the Victim B’s arms on the day of the instant case; (ii) the victim B made a statement to the effect that he/she was subject to physical fighting; (iii) during the dispute with Defendant A on the day of the instant case, it appears that the victim B made the statement to the effect that he/she was “the value of his/her arms and legs,” “the value of his/her hand,” and “the value of his/her hand,” and “the value of his/her hand, he/she visited the hospital around July 9, 2015 and received treatment,” and (iv) the victim B visited the other person on July 8, 2015 after the date of the instant case, and visited the hospital “the value of his/her body.”