beta
Text
Defendant
A All appeals filed by the Defendants and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant B’s special assault by mistake of facts (the fact-finding and unfair sentencing) and the violation of the Punishment of Violences, etc. Act (joint injury) by Defendant A and C may be recognized by the first statement made by the investigative agency. Nevertheless, on the basis of the reversal statement made after the Defendants and their behaviors, it is difficult to deem that the above Defendants used a knife for a special assault by Defendant B, and on the ground that it is difficult to deem that the above Defendants used a knife for a special assault by Defendant B, the court below found the Defendants not guilty on the ground that it is difficult to view that the above Defendants committed a violation of the Punishment of Violences, etc. (joint injury) by assaulting the victim jointly. The court below erred by misapprehending the facts. 2. The court below erred by misapprehending the legal principles on unfair sentencing (the fine of three million won against Defendant B, a fine of seven million won against Defendant A, and a fine of two million won against Defendant C).
B. The punishment sentenced by the lower court is too unreasonable.
2. Determination
A. The summary of this part of the facts charged by Defendant B, which is a special assault of Defendant B, is carrying a knife, which is a dangerous object of the above Defendant, and assaulted Defendant A and C. It is true that A and C have the same purport as the facts charged in the first written statement prepared by the investigative agency.
However, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, Defendant B consistently denied the fact of assaulting A and C while recognizing the fact of assaulting A and C, and Defendant B reverses the statement after the initial statement at the police station, and Defendant B and C, the victims of the above facts charged, reversed the statement from the police to the court below.