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Defendant
All A and prosecutor appeals are dismissed.
Reasons
1. The court of original judgment regarding Defendant A rendered a judgment dismissing a public prosecution on the charge of assault against Defendant A, and sentenced a judgment of conviction on the remainder of the charges.
Defendant
Since A and the prosecutor appealed only to the guilty portion of the judgment below, the dismissed portion of the above prosecution which was not appealed by the defendant A and the prosecutor was separated and finalized after the lapse of the appeal period.
Therefore, the scope of this court's trial against Defendant A is limited to the guilty part of the judgment below.
2. Summary of reasons for appeal;
A. Defendant A1’s misunderstanding of the facts) The Defendant driven a gallon car from around 00:20 on September 28, 2015 to the gallony in the G house located in F at Naju-si, G around 0:20 on September 28, 2015.
Therefore, the defendant did not make a false statement contrary to his memory.
B) The Defendant did not interfere with G orO to make a false statement as if he driven a gallon with G orO, and only made a false statement as if he driven the O upon G’s request.
In addition, as mentioned above, the teacher was instigated.
Even if there is no relation between Defendant’s teacher and B’s rejection of drinking alcohol measurement, the criminal does not constitute the elements of the crime of aiding and abetting.
2) The sentence of the lower court that is unfair in sentencing (eight months of imprisonment) is too unreasonable.
B. According to the evidence submitted by the prosecutor, the prosecutor 1) misunderstanding the facts (as to the Defendant B’s criminal not guilty of the victim’s injury), with respect to the police officer who investigated the Defendant B’s refusal of drinking alcohol measurement on September 30, 2015 upon the Defendant B’s request, from around September 27, 2015, the police officer who investigated the Defendant B’s refusal of drinking alcohol measurement.
9. From 28:00 until 20:00, it can be acknowledged that the her wife and her her friend B were drinking together with her friend B and the her friend had her friend while drinking together with her her friend B, and that the she had her friend while drinking her friend at the time of drinking her friend, thereby making a false statement.
2) Sentencing (Defendant A).