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Of the judgment of the court below of first instance, the part against Defendant A and C and the judgment of the court of second instance shall be reversed.
Defendant
A shall be punished by imprisonment for one year.
Reasons
The first instance court dismissed each indictment against Defendant C regarding intimidation and assault among the facts charged, and sentenced the remainder of the facts charged.
The defendants and the prosecutor appealed only for the guilty portion, and since the part of the judgment of the court of first instance which dismissed the public prosecution without the prosecutor's appeal is separated and confirmed as it is after the lapse of the period of appeal, the dismissal of the public prosecution is excluded from
2. Summary of grounds for appeal;
A. Defendant A 1) Violation of the Punishment of Violences, etc. Act (the composition and activity of an organization, etc.) and violation of the Punishment of Violences, etc. Act (the crime) do not constitute an “organization for the purpose of crime” (hereinafter “criminal organization”) under Article 4 of the Punishment of Violences, etc. Act (hereinafter “Assault Punishment Act”).
Nevertheless, the judgment of the court of first instance which found DNA to be guilty on the premise that it constitutes a criminal organization is erroneous in the misapprehension of facts or in the misapprehension of legal principles, which affected the conclusion of the judgment.
B) On August 2019, Defendant A was not guilty of special assault committed against the victim I and J on or around the end of August 2019. Nevertheless, the first instance judgment that found Defendant A guilty of this part of the facts charged based on the victim’s statement without credibility, which erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. C) Since the part of the crime of violation of the Punishment of Violence Act (joint intimidation) against the victim R did not desire to, or did not appear, the victim, nor did the remaining Defendants act, the lower court convicted the Defendant A of this part of the facts charged, which erred by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion of the judgment.