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The judgment of the first instance shall be reversed.
Defendant
Punishment A to a fine of KRW 3,00,000, and a fine for Defendant B.
Reasons
1. Summary of grounds for appeal;
A. Defendant A: misunderstanding of facts or misunderstanding of legal principles (the defendant A stated that he was the victim who was under the influence of alcohol and did not intentionally prices the part of the victim) and unfair sentencing.
Defendant
B: Mental and physical disability, unreasonable sentencing, 2. Judgment of this Court
A. Comprehensively taking account of the evidence duly adopted and examined by the first instance court as to the assertion of mistake of facts (Defendant A), Defendant A does not merely mean a fighting but can recognize the fact that the injured party was inflicted on the victim by taking the victim’s booming part of the victim’s booming part of the victim’s booming part on the hand of the hand hand hand, and thus, the above Defendant’s assertion disputing this point is rejected.
B. Comprehensively taking account of the evidence duly admitted and examined by the first instance court as to the assertion of mental disorder (defendant B), Defendant B was aware of the fact that he was drinking at the time of the instant crime, but it does not seem that at the time the Defendant did not have or did not have the ability to discern things or make decisions, and thus, the above assertion by the Defendant disputing this point is rejected.
C. As to the assertion on unfair sentencing (the Defendants), even though there are the past history of punishing the Defendants for the same kind of crime several times, and in particular, Defendant A committed the instant crime during the period of repeated crime, etc. However, Defendant A deposited KRW 2,00,000 under the pretext of damages to be compensated for the victims in the past trial; the victim is also liable for fighting between the Defendants and the victims; the degree of injury suffered by the victim due to the instant crime; the extent of the Defendants’ mistake; and the circumstances favorable to the Defendants, such as the fact that the Defendants are divided, the first instance court sentenced the Defendants respectively.