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The judgment below
The part against the Defendants is reversed.
Defendants shall be punished by imprisonment for two years.
Reasons
1. Summary of grounds for appeal;
A. In full view of the evidence submitted by the prosecutor, the court below acquitted the Defendants on this part of the facts charged, even though it is sufficiently recognized that the Defendants were victims, on the ground that: (a) Party A, who believed the Defendants’ horses, introduced Q, concluded a land sales contract and paid the purchase price; and (b) Party Q succeeded to the above sales contract from Party A and completed payment in lieu of the purchase price, thereby causing damage to Party A; and (c) Party B was fully aware of the facts charged. The court below erred in the misapprehension of facts and adversely affected the conclusion.
B. The sentence sentenced by the lower court to the Defendants (two years of imprisonment for each of the two years) is deemed unreasonable.
2. We examine ex officio the grounds for appeal by the prosecutor ex officio.
A. 1) The existence of the grounds for a request for retrial is as follows: (a) the contents and legislative purport of Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits (hereinafter “Special Provisions”) and Article 23-2(1) of the Act on the Promotion of Lawsuits (hereinafter “Special Provisions”) and Article 23-2(1) of the Act on the Promotion of Lawsuits; (b) the contents of the defendant’s right to fair trial and defense as prescribed by the Constitution and the Criminal Procedure Act; and (c) the constitutional spirit declaring due process of law; and (d) the need to substantially protect the defendant’s right to fair trial in the first instance trial and the appellate trial without any reason, even in cases where the first instance court and the appellate trial, who were found guilty, appealed the judgment of the first instance court and the appellate trial, and the judgment of conviction becomes final and conclusive after having been absent, applying the provision of this case by analogy.