Text
All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. According to the summary of the grounds for appeal (misunderstanding of facts) the Defendants and B’s statements and I’s statements, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, even though it is recognized that Defendant C and D participated in fighting and interfered with their respective duties.
2. Judgment on the grounds for appeal by the prosecutor
A. Defendant C and A are the same kind of conduct, and Defendant D and B are the same kind of conduct.
Defendants and B are customers of the “H” main points operated by the victim I in Jung-gu Seoul Central Government G.
(1) On September 1, 2016, the above Defendants violated the Punishment of Violences, etc. Act (joint assault) around 00:45, around September 1, 2016, when the victims D and B, who were drinking alcoholic beverages on the side table table table while drinking alcohol at H’s main points, were crypted, and the above Defendants were in the process of demanding the above victims to be crypted, and when they were crypted with the above victims, and they were able to crye and dump their face, etc. with the above victims.
Accordingly, the above Defendants jointly committed violence to the victims.
B) The Defendants, at the same time, at the same place as the above “A” paragraph, interfered with the victim’s main business by force, such as destroying the table table, chairs, strawer, gas burner, and tamper owned by the victim I, who is the owner of the business, and destroying the boom, b0 minutes of the disturbance, at the same time and place as the above “B” paragraph, and thereby obstructing the victim’s main business.
(2) Defendant DA) The above Defendant and B were in violation of the Punishment of Violences, etc. Act (joint injury) at the same time and at the same time, and on the ground that the victim C and A, who were drinking alcoholic beverages in the seat beside their seat, are slicking and resisting to themselves, and they were blicked with the breaths of the above victims.