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All appeals filed by the Defendants and the Prosecutor are dismissed.
Reasons
1. Defendant B did not submit the grounds of appeal within the period for submission of the grounds of appeal, and Defendant B did not state the grounds for appeal even in the petition of appeal filed by Defendant B, and there is no ground for ex officio investigation even after examining records.
Therefore, in accordance with Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act, a decision to dismiss an appeal filed by a defendant B should be made. However, in a case where a prosecutor declares the dismissal of an appeal on the appeal filed by a defendant B for the following reasons, the dismissal of an appeal shall not be separately decided, and a judgment shall be rendered together
2. Summary of grounds for appeal;
A. (1) According to the evidence submitted by the prosecutor, including the prosecutor (1) of the lower court’s erroneous determination of facts, I and G’s legal statement, it can be sufficiently recognized that Defendant A was injured by the head of the victim H, resulting in a shouldered main disease, which is a dangerous object, such as the charge of violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.).
Nevertheless, the court below found only guilty of violation of the Punishment of Violences, etc. Act (joint injury) contained in the facts charged of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc., and sentenced not guilty of the facts charged of violation of the Punishment of Violences, etc. (a violation of the Act on the Punishment of Violences, etc., a group, a deadly weapon, etc.)
(2) Each sentence (Defendant A: a fine of three million won, Defendant B: a fine of one million won) imposed by the lower court on the Defendants is too unjustifiable and unreasonable.
B. The punishment sentenced by the lower court to Defendant A is too unreasonable.
3. Determination
A. The lower court’s statement at I, G’s investigation agency, and the lower court’s court’s court’s decision on the prosecutor’s assertion of mistake.