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The judgment of the court below is reversed.
Defendant
B Imprisonment with prison labor of one year and six months, and Defendant A shall be punished by imprisonment with prison labor of six months.
(2).
Reasons
1. Summary of grounds for appeal;
A. (1) In light of the gist of the prosecutor’s grounds for appeal, the court below erred by misapprehending the legal principles on the grounds that the witness S and T cannot reverse his testimony or associate with his testimony, but considering the limitations of memory following the passage of time, the court below rejected the above witness’s statement and acquitted Defendant B of the violation of the Punishment of Violences, etc. Act (joint injury) on the ground that the witness’s statement at the investigation stage of this case is highly reliable and the witness testified that he had made a true statement at the investigation agency.
B. The sentence imposed by the court below on the Defendants of unreasonable sentencing (Defendant B: imprisonment of one year, two years of suspended execution, and fine of two million won) is too uneased and unfair.
B. (i) The summary of the grounds of appeal by Defendant B, misunderstanding of facts, while taking over the right of lease on the entertainment tavern from G, Defendant B paid KRW 350 million with the acquisition fund, and the name of the lessee was changed to the name of the Defendant, but the dispute arose due to the victim H’s refusal. The Defendant, who was the lessor, had sufficient right to demand the equipment, conducted a demonstration in a peaceful manner, and the Defendant was found to have received KRW 60 million with the victim’s normal method and did not interfere with the victim. However, the lower court erred by misapprehending the facts.
B. The sentence imposed by the court below on Defendant B of unreasonable sentencing (one year of imprisonment, two years of suspended execution) is too unreasonable.
2. Determination
A. (A) Article 2(2) of the Punishment of Violences, etc. Act provides that the prosecutor's grounds for appeal shall be determined (i) as to the prosecutor's allegation of misunderstanding of facts as to the joint injury part of Defendant B, and that the two or more co-offenders exist.