Defendant

A and the prosecutor’s appeal against the Defendants are all dismissed.

1. Summary of grounds for appeal;

A. Defendant A’s punishment (one year and six months of imprisonment) is too unreasonable.

B. According to the evidence submitted by the prosecutor, the court below found the defendant A and B guilty of the non-guilty part of the facts charged against the defendant A and B and the defendant C, but it erred in the misapprehension of facts in the judgment below.

(2) The sentence that the court below sentenced against Defendant A and B (as above, Defendant B’s imprisonment with prison labor for 10 months, 2 years of suspended execution, 4 years of protection observation) is too uneasible and unfair.

2. Determination

A. In light of the records, a thorough examination of the evidence duly adopted and examined by the court below regarding the prosecutor's assertion of mistake of facts is justified in holding the court below not guilty on the ground that the facts charged against the defendant A and B and the facts charged against the defendant C constitute a case without proof of facts, and there is an error of law by mistake of facts as alleged by the prosecutor.

subsection (b) of this section.

Therefore, the prosecutor's above assertion is without merit.

B. (1) Determinations on the unfair argument of sentencing by Defendant A and the Prosecutor (1) regarding the unfair argument of sentencing by both Defendant A and the Prosecutor (hereinafter “Defendant A”) were based on the fact that Defendant A was organized violent crime, thereby impairing the victim’s pecuniary advantage, such as considerable money and liquor, and assaulting the victim, which is a dangerous object, and the nature of the crime is not somewhat weak in light of the content and result of the crime, the method of crime, the amount of damage, etc., and not yet agreed with the victim.

In addition, the above defendant has several criminal records of violent crimes.

On the other hand, however, Defendant A appeared to have an attitude of being aware of and against his mistake when it comes to the first instance, and partially repaid the amount of damage to the victim.

The above defendant A is disadvantageous or unfavorable to the defendant A.