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Defendant
All A’s appeals and prosecutor’s appeals against Defendant B, C, and D are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Summary of Defendant A’s grounds for appeal 1) misunderstanding of facts and misapprehension of legal principles constitutes self-defense under Article 21(1) of the Criminal Act or excessive self-defense under Article 21(3) of the Criminal Act. 2) The sentence of the lower court on unreasonable sentencing (fine 1,00,000) is too unreasonable.
B. The summary of the prosecutor's grounds for appeal 1) In full view of the evidence such as the O's statement about Defendant B, the judgment of the court below which acquitted Defendant C and D on the ground that there was an error of misunderstanding of facts, even though it has been sufficiently proven that Defendant C and D committed assault and bodily injury, in full view of evidence such as Defendant C and D's statement of the victim G by mistake of facts, injury diagnosis, etc., the court below found Defendant C and D guilty on the ground that there was an error of misunderstanding of facts in the judgment of the court below which acquitted Defendant C and D on the ground that they jointly committed assault and bodily injury.
2. Determination on Defendant A’s grounds for appeal
A. Examining the background and outcome of the crime of joint injury by the above defendant, which is recognized by the records of the judgment of mistake of facts and misapprehension of legal principles, the above defendant appears to have inflicted an injury on the above victims and H by actively committing an offence against the victim D and C, and the defendant's act was conducted passive defense to escape from the victims' unfair attack.
It does not seem to be an act necessary for or against defense, and it does not seem to be an act due to fear, bad faith, entertainment, or yellow dust at night. Thus, Defendant A’s above assertion is without merit.
B. Defendant A did not have any previous record of the judgment on the assertion of unfair sentencing, the victims did not want the punishment of the above Defendant, and the victims D and C first attacked the above Defendant.