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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by a fine of one million won.
Defendant
A.
Reasons
1. Summary of grounds for appeal;
A. On May 26, 2017, prior to the service of the notice of receipt of the records of trial, Defendant A filed a request for the appointment of a national defense counsel on May 26, 2017, the notice of receipt of the records of trial was served on August 3, 2017 by the court’s decision to appoint a national defense counsel. The national defense counsel submitted the statement of reasons for appeal on August 17, 2017, which was within the submission period for the reasons for appeal. As such, Defendant A’s appeal was lawful and submitted within the submission period.
1) The Defendants were only aware of the dispute between D and the victim, and did not assault the victim.
2) The punishment of the lower court (the Defendants: KRW 1.5 million each of the fines) is too unreasonable.
B. According to the prosecutor’s statements (misunderstanding of facts as to Defendant B), K, victims, and F, Defendant B’s insulting police officers is sufficiently recognized. Thus, the judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
2. Determination as to the Defendants and the Prosecutor’s misunderstanding of facts
A. As to the Defendants’ assertion of misunderstanding of facts, the lower court also asserted the same purport as the above grounds for appeal, and the lower court, in full view of the circumstances as indicated in its reasoning, acknowledged that the Defendants committed assault against the victim jointly with D.
Accordingly, the Defendants rejected the above assertion.
In addition to the circumstances revealed by the court below, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the victim’s face "to put the victim’s hand into the face of D," and "to put the victim’s face into the face of D," and the victim’s face was bread with the head, and the defendants were also bread with D, and the victim’s breath.
Since then D and Defendant B were able to take two sons in order to see the victim, and prevented them, and were next to it.
F. F. The Defendants to the police.