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The part of the judgment of the court below against Defendant A and D shall be reversed.
Defendant
D shall be punished by a fine of 300,000 won.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. Fact-misunderstanding (Defendant A and C) Defendant A merely prevented two arms from escaping, and did not have any other arms.
Defendant
C only the head was taken in response to the violence of B, and there is no fact that the head was found in B.
B. Legal principles were followed by the Defendants’ misunderstanding Defendants’ assault B
This constitutes a justifiable act because it is an act of social reasonableness to prevent the defect in which B received money paid as compensation for damage compensation from Defendant A, and thereby preventing escape from a defect.
(c)
The punishment sentenced by the court below to the defendants (the fine of KRW 300,000,000, the fine of KRW 500,000,000, and the fine of KRW 400,000) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below on the assertion of facts (defendant A and C), and in particular, the CCTV video CDs duly adopted and investigated by the court below, Defendant D, who caused the damage to the victim Eul, was able to take the victim's grandchildren to cut off the envelope, Defendant D, Defendant D, who saw the victim's grandchildren back to cut off the envelope, and carried the body with the victim's left arms (19:22:36). Defendant A saw the victim's arms and shoulder parts (19:22:45). Defendant C, even after the body fighting was completed, was found guilty of violation of the facts charged, since it was found that Defendant C was the head of the victim's hair, and that it was a 19:249,406, and that there was a legitimate violation of the facts as to the above facts charged.
shall not be deemed to exist.
The above Defendants’ assertion is without merit.
B. The victim consented to return the money to Defendant A, as the fees that the victim would originally receive under another contract, the money contained in the plastic bag, which was the basis of the determination of the claim for a justifiable act.
It is difficult to conclude it.