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All appeals filed by the Defendants and by the Prosecutor against Defendant A are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendants 1) 1 of the misunderstanding of the facts (the guilty portion in the judgment of the court below) did not have expressed F a great sound, and Defendant B did not have expressed F in mind while taking a bath, and did not have had the same as he did in the restaurant, but there was an error of mistake in the judgment of the court below finding the Defendants guilty of this part of the facts charged.
2) Each sentence (a fine of KRW 1.5 million) sentenced by the lower court against the Defendants (a fine of KRW 1.5 million) is too unreasonable.
B. Prosecutor 1) Fact-misunderstanding (the part not guilty in the judgment of the court below) ① F was assaulted by Defendants 1 and 2 as stated in this part of the facts charged.
Considering the fact that it is unreasonable to deny the credibility of the F’s statement solely on the ground that the F made a somewhat different statement between the investigative agency and the lower court’s specific method of violence and location, etc., and that it does not coincide with the witness I, H’s statement and detailed part of the F’s statement, Defendant D’s daily act appears to be going beyond the F’s upper floor in the process of breaking the F’s plaque at the restaurant for F’s operation, and was at the time of F’s justm. This is a crime committed by recognizing each other’s behavior, and Defendant A committed a crime by using it, and it can be recognized that Defendant A committed a joint assault. However, the lower court acquitted Defendant A of this part of the facts charged.
2) The lower court’s sentence against Defendant A, who was unfair in sentencing, is too unfasible and unfair.
2. Judgment on the assertion of mistake of facts
A. Determination of the Defendants’ assertion 1) In the case of co-offenders who are engaged in a crime by more than two persons, the conspiracy does not require any legal penalty, but is only a combination of two or more persons to jointly process a crime and realize such crime. As such, there was no process of the whole conspiracy.
Even a number of persons.