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The judgment below
The part concerning Defendant D and E shall be reversed.
Defendant
D and E shall be punished by each fine of KRW 7,000,000.
Reasons
1. Summary of grounds for appeal;
A. Although Defendant A1 did not interfere with the conduct of attack against Defendant D and E, but did not interfere with the conduct of attack against Defendant D and E, Defendant A, the lower court found Defendant A guilty of the conduct of attacking and aiding and abetting S and V, despite the dolusent perception that S and V could receive KRW 30,000 from the above Defendants, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine.
B) In the grounds for sentencing, the lower court recognized that “The Defendant A conspired to disclose the summary points of C, Defendant D, and E due to the granting of one’s own property and received KRW 165 million much more than the amount paid to the Defendant,” in an unfavorable circumstance. Despite the difference from the fact, the lower court erred in determining the Defendant A’s punishment by taking account of the unfavorable circumstances in the sentencing of the Defendant A’s sentencing, thereby adversely affecting the conclusion of the judgment. 2) The sentence imposed by the lower court on the Defendant A (one year of imprisonment) is too unreasonable.
B. Defendant B (1) Of the criminal facts stated in the judgment of the court below on the erroneous determination of facts, there was no fact that Defendant A received KRW 28 million in total from March 201, 201, including KRW 20 million around June 201, and KRW 8 million around June 201. Nevertheless, the court below erred by misapprehending the facts charged. (2) The judgment of the court below convicting the Defendant B of the above part of the facts charged, which was sentenced by the judgment of the court below on the erroneous determination of facts, is unfair because the punishment ( KRW 2 years of suspended sentence for one year of imprisonment and KRW 50 million) imposed on Defendant B is too unreasonable.
C. Each sentence sentenced by the court below against Defendant D and E (Defendant D: 2 years of suspended execution, additional collection of 14,030,000 won, and Defendant E: 2 years of suspended execution, additional collection of 16,500,000 won in six months of imprisonment) is too unreasonable.
Each sentence of the lower court against Defendant A and B of the Prosecutor is too unhued and unreasonable.
2. Regarding the assertion of mistake of facts.