beta
Text
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for two years.
Defendant
C. D.
Reasons
1. Summary of grounds for appeal;
A. As to Defendant A1’s special assault, there was no fact that the Defendant had the victim I and T with Aluminium aluminium.
Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the judgment.
2) The punishment sentenced by the lower court (one year and four months of imprisonment) is too unreasonable.
B. Defendant C1’s act of entering the facts charged by the Defendant misunderstanding the facts does not constitute an act of avoidance.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
2) The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.
(c)
Defendant
D The punishment sentenced by the court below (5 million won) is too unreasonable.
(d)
The sentence imposed by the court below against Defendant A is too unhued and unfair.
2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as well as the witness I and AC’s respective legal statements, namely, the victim I and AC have consistently made a statement about the fact that the victim I and AC had come to have come to have come to have come to be Aluminum emission. In light of the developments and attitudes of the I and AC’s statement in the first instance court, the credibility of the statement can be fully recognized by the Defendant A, such as the facts charged, that the victim I and AC have committed assault against the victim I and AC.
Therefore, Defendant A’s assertion of mistake is without merit.
3. The “act of having an offender escape” under Article 151 of the Criminal Act as to the Defendant C’s assertion of mistake refers to any act that makes it difficult or impossible to exercise criminal justice, such as investigation, trial, and execution of punishment, by means other than concealment. This is the means and means of such act.