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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) When misunderstanding the facts and misunderstanding the legal doctrine, the Defendant did not take part in the act of assaulting the victim, but rather took part in G, and the Defendant did not support the principal offender’s liability for committing the instant special injury.
Nevertheless, the judgment of the court below which found the defendant guilty is erroneous in the misapprehension of facts and legal principles.
2) The sentence of the lower court’s unfair sentencing (one month imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the Defendant’s assertion of misunderstanding the facts and misapprehension of the legal doctrine, the Defendant may sufficiently recognize the fact that the Defendant, while carrying dangerous objects, has inflicted bodily injury by assaulting the victim, by sharing the role as a joint processing doctor with G. Therefore, the above assertion by the Defendant is
1) G contacted the Defendant, who is a subsequent employee of H, with a view to retaliationing the same H organization L was assaulted by the victim.
피고인은 이 사건 범행이 있기 직전 G으로부터 위와 같이 전화를 받은 후 H 조직원들의 AO 단체 대화방에 “ 연장 챙겨서 대기 하래 ㅠ/ 무서워 ㅠ/ 형님들 ㅠㅠ” 이라는 내용의 AO 메시지를 보냈다.
2) The Defendant called Defendant B, C (in the case of referring to Defendant B and C together with the Defendant, hereinafter “Defendant et al.”) to the lower court’s co-defendants, called Defendant B and C, as soon as the instant vessel goes on, and came up with the G, and then left in front of the Masing Building operated by the victim on board the vehicle with G.
G and the defendant, etc. first come from the car, and first entered the G mixed elevator into the singing box.
3) G entered the camping room with the victim, and the defendant et al. entered the elevator while the victim and G were fighting with their body, and entered the elevator into the said singing room.
Defendant .