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The judgment below
The guilty portion shall be reversed.
Defendant
A Fine of 4,000,000 won, Defendant B of this case is fine of 1,00,000 won.
Reasons
1. Summary of grounds for appeal;
A. (1) misunderstanding of facts or misunderstanding of legal principles with regard to the guilty portion of the lower judgment, Defendant B, while there was a fact that the E main points (hereinafter “E main points”) laid the microphones cited on the stage of “the instant main points,” there was no direct physical contact with the victim F, and the said victim did not comply with the microphones of the Defendant.
Defendant
A had, without any reason, set up against the victim F who committed an act of violence against himself and had a minimum defense act. Thus, the defendant's act constitutes self-defense or excessive defense.
Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding the Defendants guilty of violating the Punishment of Violences, etc. Act (joint injury).
(2) The lower court’s sentence imposing a fine of KRW 4 million on the Defendants is too unreasonable.
B. The prosecutor’s (1) misunderstanding of facts (as to the acquittal portion of the lower judgment), the victim G’s statement is consistent, specific, and overall similar to the victim F, who had observed the scene at the time, explained about the crime of indecent act by compulsion.
Since CCTV images have been taken from the scene where the victim F was exposed to the Defendants after the indecent act, the fact that there was no video on indecent act does not constitute a ground for rejecting the victim’s statement. Although H, the main point of the instant case, was the failure of witnessing the scene of indecent act, it is highly likely that he did not directly witness the scene of indecent act because he did not directly witness the scene of indecent act, such as arranging the stage and playing musical instruments.
Nevertheless, the court below erred by misapprehending the facts and thereby acquitted the charged facts of this case.
(2) With respect to the judgment of the lower court on the conviction of an unreasonable sentencing (hereinafter the victim F) the victim F due to the assault by the Defendants is about five weeks.