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The judgment below
Of the above, the part concerning Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for six months.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (1) has not inflicted an injury on the victim B of misunderstanding of facts as stated in the facts charged.
(2) At the time of committing the instant crime, there was a lack or lack of capacity to discern things due to mental illness, such as coercion and uneasiness, etc.
(3) The lower court’s sentence on the assertion of unfair sentencing (two years of imprisonment with prison labor for April suspension, two years of probation, and 80 hours of community service order) is too heavy.
B. There was no assault against Defendant B, as described in the facts charged, on the part of Defendant B’s assertion of mistake.
C. The Prosecutor’s assertion of unfair sentencing by the lower court (Defendant A: the same applies to the above Defendant B; Defendant B: fine of KRW 3 million) is too minor.
2. Determination:
A. According to the evidence duly adopted and examined by the court below and the court below's decision on the defendants' assertion of mistake of facts, and in particular, according to each evidence described in the summary of the evidence in the following new judgment, other persons (at that time, the defendants, E, and F had been employed in the dwelling space) who completed the first meals at the time and place specified in the facts charged, mixing the remaining half of the meals, etc. even though they had yet to be meal, A (at that time, about about 27 years old), who takes care of him, expressed a desire to do so to him, and at that time he took care of A's face once due to the loss that occurred, B took a bath at that time, and then, he again took a bath to B, who was sat down with a batch, and carried out a batch and satch with the driver at the time when he was satched and carried out, and then, he did not request the testimony from the ward to her within the prison, and did so.